°H 



GENERAL 



SCHOOL LAWS 



State of New York, 



in Force July 1st, 1893 ; 



TOGETHER WITH THE 



Rules of Practice Governing Appeals to the 
Department of Public instruction. 



Prepared under the Supervision of 

JAMES F. CROOKER, 

State Superintendent of Public Instruction. 



ALBANY: 

THE ARGUS COMPANY, PRINTERS. 

lS 93 . 












&¥ Craii3f Qr 






TABLE OF CONTENTS. 



CONSOLIDATED SCHOOL ACT — CHAP. 555, LAWS OF 1864. 

PA SB. 

Title I. Election of State Superintendent, his term of office, powers 

and duties 5 

Title II. Election of School Commissioners, term of office, powers and 

duties 11 

Title III. State school moneys, their apportionment and distribution. . . 17 
Title IV. Supervisors of towns, powers and duties relative to the dis- 
bursement of school moneys 29 

Title V. Town clerks, and their duties, to preserve records, etc 31 

Title VI. Formation, dissolution and alteration of school districts 33 

Title VII. First Article — School district meetings, power and duties of, 36 

Second Article — School-houses and sites 42 

Third Article — School district officers, selection of 44 

Fourth Article — School district clerk and librarian, powers 

and duties of 46 

Fifth Article — Pupils and teachers 48 

Sixth Article — Trustees, powers and duties of 49 

Seventh Article — School district taxes, collection of; 

powers, duties and liability of collectors 57 

Title VIII. Common school and public libraries 66 

Title IX. Union free schools, their formation and government; powers 

of boards of education in ; officers of 68 

Title X. Schools for colored children 81 

Title XL Teachers' institutes 82 

Title XII. Appeals to State Superintendent 85 

Title XIII. Miscellaneous provisions 86 

GENERAL STATUTES. 

American Museum of Natural History , 91 

Arbor Day 94 

Compulsory Education , 95 

Holidays 99 

Schools: 

Colored, in New York city 100 

Cornell University 100 

Indian 103 

Nautical 104 

Normal 105 

Orphan 114 

Teachers' Training Classes 115 



4 Table of Contents. 

Schools — (Continued) ; PA8E 

Industrial training 117 

Industrial Drawing, Evening Schools 118 

Industrial or Free Hand Drawing 120 

Free Kindergarten Schools 118 

Instruction in vocal music in certain schools 119 

School Commissioners : 

Salaries, how payable 120 

To describe definitely district lines 121 

School Commissioner Districts : 

Cities not to be included in 121 

Division of certain districts 122 

School Districts: 

Acquisition of sites 122 

Elections in certain districts 129 

Plans for school buildings 132 

Requiring fire escapes in connection with certain school buildings 132 

Trustees may contract for instruction of children in adjoining districts, 133 

Tuition of non-residents, deduction 134 

Teachers, employment and pay of 134 

Health and decency 135 

Vaccination of children 136 

Dissolution of Union Free School Districts 137 

School Officers: 

Not to become individually interested in official contracts 139 

Taxation : 

Rate bills abolished 139 

Banks and bankers 140 

Delaware and Hudson Canal Company, apportionment of valuation of 

property of 143 

Forest Preserve 145 

Railroads, telegraph, telephone and pipe line companies, apportion- 
ment of valuation of property of , 146 

Railroads, collection of taxes of 147 

Text Books: 

Adoption and change of 149 

Physiology and Hygiene 150 

Women : 

May vote at school meetings and hold office 150 

Determining those who have right to vote for School Commissioners . . 150 
Code: 

Custody of 152 

Reports of Department : 

To be printed for distribution 153 

Appeals: 

Rules of practice 154 

Index 160 



Consolidated School Act. 



CHAP. 5 5 5. 



AN ACT to revise and consolidate the General Acts 
relating to Public Instruction. 

Passed May 2, 1864 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

TITLE I. 

OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, HIS 
ELECTION AND GENERAL POWERS AND DUTIES. 

* Section 1. The office of state superintendent of pub- Anient? his 1 " 
lie instruction is continued and the term of said office eiectWand 
shall be three years, commencing hereafter on the seventh 
day of April. Such superintendent shall be elected by 
joint ballot of the senate and assembly on the second 
Wednesday of February next preceding the expiration of 
the term of the then incumbent of said office, and on the 
second Wednesday of February next after the occurrence 
of any vacancy in the office. 

f § 2. He shall appoint a deputy, who shall receive an Ptendent- per 
annual salary of four thousand dollars ; and in case of salary. 
a vacancy in the office of superintendent the deputy may 
perform all the duties of the office until the day herein- 
before fixed for the commencement of the term of said 
office. In case the office of both superintendent and Vacanc y- 
deputy shall be vacant, the governor shall appoint some 
person to perform the duties of the office until the super- 
intendent shall be elected and his term of office com- 
mence as hereinbefore provided. 

§ 3. The superintendent's office shall continue to be in office of. 
the state hall, and maintained at the expense of the state. 

*As amended by sec. 1, chap. 75, Laws of 1883; and by sec. 1, chap. 591, Laws of 
1886. 
t As amended by sec. 2, chap. 75, Laws of 1883 ; and by chap. 533, Laws of 1888. 



TITLE 1. 
Salary. 



Clerk hire. 



Seal. 



Copies of pa- 
pers on file 
under seal to 
be evidence. 



Superintend- 
ent's ex officio 
duties. 



Superintend- 
ent's general 
supervision. 



Institution 
for deaf and 
dumb, blind. 



Consolidated School Act of 1864. 

* § 4. His salary shall be five thousand dollars a year, 
payable quarterly, by the treasurer, on the warrant of the 
comptroller. 

f § 5. He may appoint as many clerks as he may deem 
necessary, but the compensation of such clerks shall not 
exceed in the aggregate the sum of nine thousand dollars 
in any one year, and shall be payable monthly by the 
treasurer, on the warrant of the comptroller, and the cer- 
tificate of the superintendent. $ 

§ 6. The seal of the superintendent, of which a descrip- 
tion and impression are now on file in the office of the 
secretary of state, shall continue to be his official seal, ar.d 
when necessary, may be renewed from time to time 
Copies of all papers deposited or filed in the superintend- 
ent's office, and of all acts, orders and decisions made by 
him, and of the drafts or machine copies of his official 
letters, may be authenticated under the said seal, and 
when so authenticated, shall be evidence equally with and 
in like manner as the orignal. 

|| § 7. The superintendent shall be ex officio a trustee of 
Cornell University and of the New York State Asylum 
for Idiots, and a regent of the University of the State of 
New York. He shall also have general supervision over 
the state normal schools at Brockport, Buffalo, Cortland, 
Fredonia, Geneseo, Oswego and Potsdam, and over any 
other state normal schools, which may hereafter be estab- 
lished ; and he shall provide for the education of the 
Indian children of the state, as required by chapter 
seventy-one of the laws of eighteen hundred and fifty-six.^" 

§ 8. The institution for the instruction of the deaf and 
dumb, the New York institution for the blind, and all 
other similar institutions, incorporated, or that may be 
hereafter incorporated, shall be subject to the visitation of 
the superintendent of public instruction, and it shall be his 
duty : (a) 

* As amended by sec. 1, chap. 567, Laws of 1875. 

t As amended by sec. 2, chap. 567. Laws of 1875. 

X Appropriation for fiscal year ending September 30, 1894, $16,000. 

II As amended by sec. 3, chap. 567, Laws of 1875. 

If See Law, page 103. 

(a) DEAF AND DUMB INSTITUTIONS. 

The institutions for deaf and dumb, authorized by law to receive persons 
appointed as state pupils therein by the superintendent of public instruction 
under the provisions of section 9, title 1, chap. 555, Laws of 1864, and the special 
acts relating to the same are : 

New York Institution for the Instruction of the Deaf and Dumb. (Incorporated 
by chap. 264, Laws of 1817 ) 

Institution for the Improved Instruction of Deaf-Mutes, New York city. (Chap. 
180, Law* of 157').) 

Central New York Institution for Deaf-Mutes, at Home, N. Y. (Chap. 13, Laws 
of 1876, and chap. 355, Laws of 1880.) 

(Continued on page 7.) 



Of Superintendent of Public Instruction. 



1. To inquire, from time to time, into the expenditures Su ™^f en ^. 
of each institution, and the systems of instruction pursued em's duties, 
therein, respectively. 

2. To visit and inspect the schools belonging thereto, 
and the lodgings and accommodations of the pupils. 

3. To ascertain, by a comparison with other similar 
institutions, whether any improvements in instruction and 
discipline can be made; and for that purpose to appoint, 
from time to time, suitable persons to visit the schools. 

4. To suggest to the directors of such institutions and 
to the legislature such improvements as he shall judge 
expedient. 

5. To make an annual report to the legislature on all enfto^eport" 
the matters before enumerated, and particularly as to the annually, 
condition of the schools, the improvement of the pupils, 

and their treatment in respect to board and lodging. 

* § 9. All deaf and dumb persons resident in this state admUaion. 
and upwards of twelve years of age, who shall have been 
resident in this state for three years immediately preced- 
ing the application, or, if a minor, whose parent or parents 

or, if an orphan, whose nearest friend shall have been resi- 

Western New York Institution for Deaf-Mutes at Rochester. (Chap. 331, Laws 
of 1876.) 

St. Joseph's Institute for the Improved Instruction of Deaf-Mutes, at Fordham. 
(Chap. 378, Laws of 1877.) 

Le Couteulx St. Mary's Institution for the Improved Instruction of Deaf-Mutes, 
at Buffalo. (Chap. 670, Laws of 1872.) 

Northern New York Institution for Deaf-Mutes, at Malone. (Chap. 275, Laws 
of 1884.) 

High Class In. 

In addition to the term of appointment of state pupils, provided for in section 
10, title 1, of the General School Act, the superintendent is authorized to appoint 
pupiis to the high class in the New York Institution. (Chap. 272, Laws of 1854, as 
amended by chap. 58, Laws of 1885.) 

Western New York Institution. (Chap. 331. Laws of 1876.) 

Central New York Institution. (Chap. 355, Laws of 1880.) 

INSTITUTION FOR THE BLIND. 

The only institution to which the state superintendent of public instruction is 
authorized by law to send indigent blind persons, as state pupils, is the New York 
Institution for the Blind. (Incorporated by chap. 214, Laws of 1831.) 

To that institution, he can appoint only residents of the counties of New York, 
Kings, Queens, Suffolk and Richmond. (Chap. 555, Laws of 1864, as amended by 
chap. 615, Laws of 1886.) 

To be eligible, the applicant, by the provisions of one act, must be between the 
ages of eight and twenty-five years ; by another, of suitable age. 

The term of such appointments shall not exceed five years, but may be extended 
from time to time by the superintendent of public instruction on the recom- 
mendation of the board of managers. 

The supervisors of each of the counties of New York, Kings, Queens and 
Suffolk are required to raise and appropriate each year, while such pupils are in 
said institution, fifty dollars for each of said pupils whose parents or guardians 
shall, in the opinion of the superintendent of public instruction, be unable to 
clothe them to be applied to the furnishing such pupils with a suitable clothing. 
(Chap. 166, Laws of 1870, as amended by chapter 166, Laws of 1871.) 

* As amended by sec. 4, chap. 567, Laws of 1875, and by sec. 1, chap. 615, Laws 
of 1886. 

Note.— See chap. 166, Laws of 1870; chap. 180, Laws of 1870, and chap. 166, Laws 
of 1871. 

Note.— Section 9 does not apply to, or affect the New York State Institution for 
the Blind located at Batavia, N. Y. Sec. 2, chap. 615, Laws of 1886. 



Consolidated School Act of 1864. 



TITLE 1. 



Appoint- 
ments to. 



State pupils; 
accommoda- 
tion, compen- 
sation, etc. 



Term of 
instrnction. 



Time oi 
admission. 



dent in this state for three years immediately preceding the 
application, shall be eligible to appointment as state pupils 
in one of the deaf and dumb institutions of this State, 
authorized by law to receive such pupils ; and all blind 
persons of suitable age and similar qualifications shall be 
eligible to appointment to the institutions for the blind 
in the city of .New York or in the village of Batavia, as 
follows : All such as are residents of the counties of New 
York, Kings, Queens, Suffolk and Richmond shall be sent 
to the institution for the blind in the city of New York ; 
those who reside in other counties of the state shall be sent 
to the institution for the blind in the village of Batavia. 
All such appointments, with the exception of those to the 
institution for the blind in the village of Batavia, shall be 
made by the superintendent of public instruction upon 
application, and in those cases in which, in his opinion, 
the parents or guardians of the applicants are able to 
bear a portion of the expense, he may impose conditions 
whereby some proportionate share of expense of educating 
and clothing such pupils shall be paid by their parents, 
guardians or friends, in such manner and at such times as 
the superintendent shall designate, which conditions he may 
modify from time to time, if he shall deem it expedient 
to do so. 

* § 10. Each pupil so received into either of the institu- 
tions aforesaid shall be provided with board, lodging and 
tuition ; and the directors of the institution shall receive 
for each pupil so provided for, the sum of dollars 

per annum, in quarterly payments, to be paid by the 
treasurer of the state, on the warrant of the comptroller, 
to the treasurer of said institution, on his presenting a bill 
showing the actual time and number of such pupils 
attending the institution, and which bill shall be signed 
by the president and secretary of the institution, and 
verified by their oaths. The regular term of instruction 
for such pupils shall be five years ; but the superintendent 
of public instruction may, in his discretion, extend the 
term of any pupil for a period not exceeding three years. 
The pupils provided for in this and the preceding section 
of this title shall be designated state pupils ; and all the 
existing provisions of law applicable to state pupils 
now in said institutions shall apply to pupils herein pro- 
vided for. 

§ 11. The superintendent of public instruction may 
make such regulations and give such directions to parents 

* See chap. 180, Laws of 1S7Q. 



Of Superintendent of Public Instruction. 9 



and guardians, in relation to the admission of pupils into " 

either of the above-named institutions, as will prevent 
pupils entering the same at irregular periods. 

§ 12. The superintendent may, in his discretion, appoint school 
persons to visit and examine all or any of the common 
schools in the county wherein such persons reside, and to 
report to him all such matters respecting their condition 
and management, and the means of improving them, as he 
shall prescribe ; but no allowance or compensation shall 
be made to such visitors for their services or expenses. 

§ 13. So often as he can, consistently with his other superintend- 

t/ . cnt to visit 

duties, he shall visit such of the common schools of the schools. 
state as he shall see fit, and inquire into their course of 
instruction, management and discipline, and advise and 
encourage the pupils, teachers and officers thereof. 

* § 14. He shall submit to the legislature an annual Aunu ai 

o ■ . . <^ report. 

report containing : 

1. A statement of the condition of the common schools 
of the state, and of all other schools and institutions 
under his supervision, and subject to his visitation as 
superintendent. 

2. Estimates and accounts of expenditures of the school 
moneys, and a statement of the apportionment of school 
moneys made by him. 

3. All such matters relating to his office, and all such 
plans and suggestions for the improvement of the schools 
and the advancement of public instruction in the state, 
as he shall deem expedient. 

f § 15. He may grant under his hand and seal of office, state certm- 
a certificate of qualification to teach, and may revoke the 
same. While unrevoked, such certificate shall be con- 
clusive evidence that the person to whom it was granted 
is qualified by moral character, learning and ability, to 
teach any common school in the state. Such certificate 
may be granted by him only upon examination. Pie shall Examination 
determine the manner in which such examination shall be certificate, 
conducted, and may designate proper persons to conduct 
the same, and report the result to him. He may also 
appoint times and places for holding such examinations, at • 

least once in each year, and cause due notice thereof to be 
given. He may also, in his discretion, issue a certificate, College ; 
without examination, to any graduate of a college or certificate. 

* Note. — Sec. 10 of chap. 588, Laws of 1886, provides that the annual report shall 
be presented to the legislature on or before Febiuary first, and shall be placed with 
the printer by December fllteenth preceding, and transmitted to the legislature 
printed. 

t As amended by sec. 5, chap. 567, Laws of 1875, and by sec. 1, chap. 331, Laws of 
1888. See chap. 353, Laws of 1875. 



10 



Consolidated School Act of 1S64. 



TITLE 1. 



Normal diplo- 
mas and state 
certificates 
from other 
states. 



Temporary 
licenses. 



May annul 
certificates. 



Lists of per- 
sons holding 
state certifi- 
cates and nor- 
mal school 
diplomas. 



Superinterd- 
ent may re- 
move school 
commission- 
ers or other 
school 
officers. 

May withhold 
share of public 
money from 
district will- 
fully disobey- 
ing order, etc. 



Shall prepare 
registers, 
blanks, etc. 



university who has had three years' experience as a 
teacher. Such last-mentioned certificate shall be known 
as the " college graduate's certificate," and may be revoked 
at any time for cause. He may also, in his discretion, 
indorse a diploma issued by a state normal school or a 
certificate issued by a state superintendent or state board 
of education in any other state, which indorsement shall 
confer upon the holder thereof the same privileges con- 
ferred by law upon the holders of diplomas or certificates 
issued by state normal schools or by the state superin- 
tendent in this state. He may also issue temporary 
licenses to teach, limited to any school commissioner dis- 
trict or school district, and for a period not exceeding six 
months, whenever, in his judgment, it may be necessary 
or expedient for him to do so. 

§ 16. Upon cause shown to his satisfaction, he may 
annul any certificate of qualification granted to a teacher 
by a school commissioner, or declare any diploma issued 
by the state normal school ineffective and null as a quali- 
fication to teach a common school within this state, and 
he may reconsider and reverse his action in any such 
matter. 

§ 17. He shall prepare and keep in his office alpha- 
betical lists of all persons who have received, or shall 
receive, certificates of qualification from himself, or diplo- 
mas of the state normal school, with the dates thereof, 
and shall note thereon all annulments and reversals of 
such certificates and diplomas, with the date and causes 
thereof, together with such other particulars as he may 
deem expedient. 

* § 18. Whenever it shall be proven to his satisfaction 
that any school commissioner or other school officer has 
been guilty of any willful violation or neglect of duty 
under this act, or any other act pertaining to common 
schools, or willfully disobeying any decision, order or 
regulation of the superintendent, the superintendent may, 
by an order under his hand and seal, which order shall be 
recorded in his office, remove such school commissioner 
or other school officer from his office. Said superin- 
tendent may also icithhold any share of the public 
money of the state from any district for willfully dis- 
ob ying any decision, order or regulation as aforesaid. 

§ 19. He shall prepare suitable registers, blanks, forms 
and regulations for making all reports and conducting all 
necessary business under this act, and shall cause the 

* As amended by sec. 1. chap. 5D0 of Laws of 1803. 



Of School Commissioners. 11 



same, with such information and instructions as he shall 
deem conducive to the proper organization and govern- 
ment of the common schools and the due execution of 
their duties by school officers, to be transmitted to the 
officers and persons intrusted with the execution of the 
same. 

*§20. The superintendent may administer oaths and May adminis- 

, *> M r , J ter oaths. 

take affidavits concerning any matter relating to the 
schools. 

TITLE II. 

OF THE SCHOOL COMMISSIONERS, THEIR ELECTION, POWERS 
AND DUTIES. 

Section 1. The office of school commissioner is con- School com- 
tinued, and the present incumbents shall continue in office missl0ners 
in their respective districts, for the residue of the terms 
for which they were elected or appointed. 

+ § 2. The districts as organized under existing laws school com- 

' *j ™ ^ mission sr 

and as recognized in the election of school commissioners districts. 
at the annual election in eighteen hundred and sixty-three, 
shall continue to be held and regarded as the school com- 
missioner districts in this state, except as the same shall 
be altered or modified by the legislature. ^ 

I § 3. The school commissioner for each school com- How elected, 
missioner district shall be elected by the electors thereof, 
by separate ballot, at the general election in the year one 
thousand eight hundred and sixty-six, and tri-ennially 
thereafter, and the ballots shall be indorsed " School Com- 
missioner." The laws regulating the election of and 
canvassing the votes for county officers shall apply to 
such elections. And it shall further be the duty of county county clerk 
c'erks, and they are hereby required, as soon as they shall 3°^^^. 
have official notice of the election or appointment of a ent the eiec- 
school commissioner, for any district in their county, to poinunent of 
forward to the superintendent of public instruction a "" 
duplicate certificate of such election or appointment 
attested by their signature and the seal of the county. 

• § 4. The term of office of such commissioner shall com- Term of 
mence on the first day of January next after his election, 

* Added by section 2, chapter 331, Laws of 1888. 

t Note.— Cities electing superintendents, etc., are not included in commis- 
sioner districts. See chapter 179, Laws of 1856, as amended by section 1, chapter 
414, Laws of 18S3, page 121, post. 

% Boards of supervisors may erect new commissioner district when commis- 
sioner district contains more than 800 school districts. See chap. 686, Laws of 1892, 
article 11, sub. 9 of sectiou 12. page 122, post. 

II As amended by section 1, chapter 406, Laws of 1867. See also chap. 214, Laws of 
1892, determining" who have a right to vote for school commissioners, page 150, post. 



commis- 
sioner. 



12 



Consolidated School Act of 1864 



TITLE 2. 
Oath of 
office. 



Commis- 
sioner may 
• resign. 

Vacates 
office. 



How vacancy 
in office of 
school com- 
missioner 
filled. 



Commission- 
er elected to 
fill vacancy to 
hold only for 
the unexpired 
term. 

Salary of 
school com- 
missioner 
$1,000; paya- 
ble from Iree 
school fund. 



Supervisors 
to increase 
salary of com- 
missioner. 



How 

assessed. 
Commission- 
er's expenses 



and shall be for three years, and until his successor quali- 
fies. Every person elected to the office, or appointed to 
fill a vacancy, must take the oath of office prescribed by 
the constitution, before the county clerk, or a judge of a 
court of record, and file it with the county clerk, within 
ten days after the. commencement of the term or after 
notice of his appointment ; and if he omit so to do, the 
office shall be deemed vacant. 

§ 5. A commissioner may at any time vacate his. office, 
by filing his resignation with the county clerk. His 
removal from the county, or his acceptance of the office 
of supervisor, town clerk or trustee of a school district, 
shall vacate his office. 

* § 6. The county clerk, so soon as he lias official or 
other notice of the existence of a vacanc} 7 in the ottice of 
commissioner, shall give notice thereof to the county 
judge, or, if that office be vacant, to the superintendent 
of public instruction. In case of a vacancy, the county 
judge, or, if there be no county judge, then the superin- 
tendent shall appoint a commissioner, who shall hold his 
office until the first of January succeeding the next gen- 
eral election, and until his successor, who shall be chosen 
at such general election, shall have qualified. A person 
elected to fill a vacancy shall hold the office only for the 
unexpired term. 

t § 7. After the first day of October, eighteen hundred 
and eighty-five, every school commissioner shall receive 
an annual salary of one thousand dollars, payable quarterly 
out of the free school fund appropriated for this purpose, 
or to the support of common schools. 

$ § 8. Whenever a majority of the supervisors from all 
the towns composing a school commissioner district shall 
adopt a resolution to increase the salary of their school 
commissioner beyond the one thousand dollars, payable 
to him from the free school fund, it shall be the duty of 
the board of supervisors of the county to give effect to 
such resolution, and they shall assess the increase stated 
therein upon the towns composing such commissioner 
district, ratably, according to the corrected valuations of 
the real and personal estate of such towns. 

|| § 9. The board of supervisors shall annually audit and 
allow to each commissioner within the county the fixed 

* As amended by sec. 1, chap. 647, Laws of 1805. 

t As amended by sec. 1, chap. 84, Laws of 1807, and sec. 3, chap. 1, Laws of 1881, 
and by sec. 5, chap. 340, Laws of 1885. 
X As amended by sec. 6, chop. 567. Laws of 1875, and sec. 6, chap. 340, Laws of 1885. 
|| As amended by sec. '2, chap. 84, Laws of 1867. 



Of School Commissioners. 13 



sum of two hundred dollars for his expenses, and shall 3 ' 

assess and levy that amount annually, by tax upon the 
towns composing his district. 

§ 10. Whenever the superintendent of public instruc- supermtend- 

, . ° . ,• /•» i ;1 , it • • i • ,i ent may with 

tion is satisfied that a school commissioner has persistently hold commis- 
neglected to perform his duties, he may withhold his Salary™ 
order for the payment of the whole or any part of such 
commissioner's salary as it shall become due, and the 
salary so withholden shall be forfeited ; but the superin- 
tendent may remit the forfeiture, in whole or in part, 
upon the commissioner disproving or excusing such 
neglect. 

§ 11. A commissioner, upon the written request of the commis- 
commissioner of an adjoining district, may perform any semTfor 
of his duties for him, and upon requirement of the state another - 
superintendent of public instruction must perform the 
same. 

* § 12. No school commissioner shall act as agent for Not t0 act 
any author, publisher or bookseller, nor directly or indi- author or 
rectly receive any gift, emolument, reward or promise of P ubhsher > etc - 
reward, for his influence in recommending or procuring 
the use of any book, or school apparatus, or furniture of 
any kind whatever, in any common school, or the purchase 
of any book for a district library. Any one who shall 
procure or solicit a violation of this provision, or of any 
part thereof, shall be guilty of a misdemeanor ; and any 
such violation shall subject tHe guilty commissioner to 
removal from his office by the superintendent of public 
instruction. 

8 13. Every commissioner shall have power, and it shall Duties oi 

. °, . , J l school com- 

be his duty : missioner. 

f 1. From time to time to inquire and ascertain whether To define 
the boundaries of the school districts within his district boundaries. 
are definitely and plainly described in the records of the 
proper town clerks ; and in case the record of the bound- 
aries of any school district shall be found defective or 
indefinite, or if the same shall be in dispute, then to cause 
the same to be amended, or an amended record of the 
boundaries to be made. All necessary expenses incurred Expense of 
in establishing such amended records shall be a charge boundafies. 
upon the district or districts affected, to be audited and 
allowed by the trustee or trustees thereof, upon the certi- 
ficate of the school commissioner. 

2. To visit and examine all the schools and school dis- To visit and 

examine 

* Note.— See sec. 473 of the Penal Code, page 139, post. schools. 

t As amended by sec. 7. chap. 567, Laws of 1875. 



14 



TITLE 2. 



Libraries, 
school- 
houses, etc. 



Studies. 



To direct 
trustees to 
make repairs, 



May direct 
repairs and 
additions 
to school 
furniture. 



May direct 
abatement of 
nuisance. 



To condemn 
unfit school- 
houses. 



To estimate 
sum neces- 
sary to build 
school-house. 

Trusteeto 
call special 
meeting. 



Consolidated School Act of 1864. 

tricts within his district as often in each year as shall be 
practicable ; to inquire into all matters relating to the 
management, the course of study and mode of instruction, 
and the text-books and discipline of such schools, and the 
condition of the school-houses, sites, out-buildings and 
appendages, and of the district generally ; to examine the 
district libraries ; to advise with and counsel the trus- 
tees and other officers of the district in relation to their 
duties, and particularly in respect to the construction, 
warming and ventilation of school-houses, and the improv- 
ing and adorning of the school grounds connected there- 
with ; and to recommend to the trustees and teachers the 
proper studies, discipline and management of the schools, 
and the course of instruction to be pursued. 

*3. Upon such examination, to direct the trustees to 
make any alteration or repair on the school-house or out- 
buildings which shall, in his opinion, be necessary for the 
health or comfort of the pupils, but the expense of making 
such alterations or repairs shall, in no case, exceed the 
sum of two hundred dollars, unless an additional sum 
shall be voted by the district. He may also direct the 
trustee to make any alterations or, repairs to school furni- 
ture, or when in his opinion any furniture is unfit for use 
and not worth repairing, or when sufficient furniture is 
not provided, he may direct that new furniture shall be 
provided as he may deem necessary, provided that the 
expense of such alterations, repairs or additions to furni- 
ture shall not, in any one year exceed the sum of one 
hundred dollars. He may also direct the trustees to abate 
any nuisance in or upon the premises, provided the same 
can be done at an expense not exceeding twenty-five 
dollars. 

f 4. By an order under his hand, reciting the reason or 
reasons, to condemn a school-house, if he deems it wholly 
unfit for use and not worth repairing, and to deliver the 
order to the trustees, or one of them, and transmit a copy 
to the superintendent of public instruction. Such order, 
if no time for its taking effect be stated in it, shall take 
effect immediately. He shall also state what sum, not 
exceeding eight hundred dollars, will, in his opinion, be 
necessary to erect a school-house capable of accommodat- 
ing the children of the district. Immediately upon the 
receipt of said order, the trustee or trustees of such dis- 



* As amended by sec. 2, chap. 406, Laws of 1867, and by sec. 3, chap. 331, Laws 
of 1888. 
t As amended by sec. 2, chap. 406, Laws of 1867, aud by chap. 592, Laws of 1887. 



Of School Commissioners. 15 



trict shall call a special meeting of the inhabitants of said 
district, for the purpose of considering the question of 
building a school-house therein. Such meeting shall have 
power to determine the size of said school-house, the 
material to be used in its erection, and to vote a tax to 
build the same ; but such meeting shall have no power to 
reduce the estimate made by the commissioner aforesaid 
by more than twenty-five per centum of such estimate. 
And where no tax for building such house shall have Trustees to 
been voted by such district within thirty days from the hous d e 8 and 01 
time of holding the first meeting to consider the question, gam e ta ff f dis- 
then it shall be the duty of the trustee or trustees of such trict neglect, 
district to contract for the building of a school-house 
capable of accommodating the children of the district, and 
to levy a tax to pay for the same, which tax shall not exceed 
the sum estimated as necessary by the commissioner afore- 
said, and which shall not be less than such estimated sum 
by more than twenty-five per centum thereof. But such 
estimated sum may be increased by a vote of the inhabit- 
ants at any school meeting subsequently called and held 
according to law. 

* 5. To examine persons proposing to teach common To examine 
schools within his district, and not possessing the super- f° a chers? se 
intendent's certificate of qualification or a diploma of the 
state normal school, and to inquire into their moral fitness 
and capacity, and, if he find them qualified, to grant them 
certificates of qualification, in the forms which are or may 
be prescribed by the superintendent. 

6. To re-examine any teacher holding his or her prede- Re-examine, 
cessor's certificate, and if he find him deficient in learning 

or ability, to annul the certificate. 

7. To examine any charge affecting the moral character to exam- 
of any teacher within his district, first giving such teacher a gain h st rge8 
reasonable notice of the charge, and an opportunity to teachers. 
defend himself therefrom ; and if he find the charge sus- Annul 
tained, to annul the teacher's certificate, by whomsoever certlficates - 
granted, and to declare him unfit to teach ; and if the 
teacher held a certificate of the superintendent, or a 
diploma of the state normal school, to notify the superin- 
tendent forthwith of such annulment and declaration. 

8. And, generally, to use his utmost influence and most 
strenuous exertions to promote sound education, elevate 
the character and qualifications of teachers, improve the 
means of instruction and advance the interest of the schools 
under his supervision. 

* For additional duties, see chap. 318, Laws of 1383 ; and chap. 30, Laws ol 1884. 



16 



Consolidated School Act of 1S64. 



TITLE 2. 
Commission- 
ers to take 
affidavits. 



May issue 
subpoenas. 



Penalty. 



School com- 
missioners, 
how subject 
to certain 
rules. 



Reports to 
state super- 
intendent. 



Annual 
report, from 
returns of 
school 
trustees. 



* § 14. Every school commissioner shall have power to 
take affidavits and administer oaths in all matters pertain-: 
ing to common schools, bnt without charge or fee ; and, 
under the direction of the superintendent of public 
instruction, to take and report to him the testimony in 
any case of appeal. When so directed by the superin- 
tendent, said commissioner shall have power to issue sub- 
poenas to compel the attendance of witnesses. Service of 
said subpoenas shall be made a reasonable time before the 
time therein named for the hearing, by exhibiting the 
same to the person so served, with the signature of the 
commissioner attached, and by leaving with such person 
a copy thereof. The person so served shall be entitled to 
receive from the person or officer at whose instance he is 
subpoenaed, at the time of service, the same fees as are 
provided by law for witnesses in courts of record. Diso- 
bedience of such subpoena shall subject the delinquent to 
a penalty of twenty-five dollars, which shall, unless suffi- 
cient excuse is shown, upon the certificate of the commis- 
sioner showing such facts, be imposed by the county judge 
of the county in which such commissioner resides, and 
shall be paid forthwith to the county treasurer for the 
benefit of the poor of the county, or, in case such penalty 
shall not be paid, such delinquent shall stand committed 
to the county jail of the county for the period of twenty- 
five days, unless sooner paid. 

f § 15. The commissioners shall be subject to such rules 
and regulations as the superintendent of public instruc- 
tion shall, from time to time, prescribe, and appeals from 
their acts and decisions may be made to him, as hereinafter 
provided. They shall, whenever thereto required by the 
superintendent, report to him as to any particular matter 
or act, and shall severally make to him annually, to the 
twenty fifth clay of July in each year, a report in such 
form and containing all such particulars as he shall pre- 
scribe and call for ; and, for that purpose, shall procure 
the reports of the trustees of the school districts from the 
town clerks' offices, and, after abstracting the necessary 
contents thereof, shall arrange and indorse them pro perl}'' 
and deposit them, with a copy of his own abstract thereof, 
in the office of the county clerk, and the clerk shall safely 
keep them. 

* As amended by sec. 5. chap. 331, Laws of 1888. 

t As amended by sec. 1, chap. 413, Laws of 1883. and by sec. 1, chap. 245, Laws 
of 1889. 



Of State and Other School Moneys. 17 



TITLE 8. 

TITLE III. 

of the state and other school moneys, their appor- 
tionment and distribution, and of trusts and gifts 
for the benefit of common schools. 

First Article. 

Of the state school moneys and their apportionment by 
the superintendent of public instruction, and, payment 
to the county and city treasurers. 

* Section 1. There shall be raised by tax, in the present state tax for 
and each succeeding year, upon the real and personal O f e schooi° rt 
estate of each county within the State, one mill and one- 
fourth of a mill upon each and every dollar of the equal- 
ized valuation of such estate, for the support of common 
schools in the state ; and the proceeds of such tax shall 
be apportioned and distributed as herein provided. 

§ 2. No clerk of any board of supervisors, or other cierk of 
person who shall make out the tax list or assessment-roll supervisors 
of any town, shall omit to include and apportion among shall not omit 
the moneys to be raised thereby the amount hereby state school 
required to be raised for the support of schools, by reason tax> 
of the omission of the board of supervisors to pass a 
resolution for that purpose. 

f § 3. The moneys so raised shall be paid into the state Money, how 
treasury, and the treasurer may transfer them from one deposited, 
depository to another, by his draft, countersigned and 
entered by the superintendent of public instruction. On Treasurer 
the first working day of each month the treasurer shall t0 report - 
make to the superintendent of public instruction a written 
statement of the condition of the free school fund, show- 
ing the amount received and paid during the preceding 
month, and the balance remaining on hand. The bank Bank book, 
in which such moneys are deposited shall furnish the 
superintendent of public instruction a book, in which 
the officers of such banks shall make entries of all sums 
deposited therein by the treasurer, from time to time, to 
the credit of said free school fund. No such money shall 
be paid out of the treasury except upon such warrant of 
the superintendent, countersigned by the comptroller, 
referring to the law under which it is drawn. The super- Warraa t ? and 
intendent shall countersign and enter all checks drawn receipts; how 

° drawn and 

~~ entered. 

* As amended by chap. 406, Laws of 1867. Note. — Sec. 1 is not followed, as the 
legislature of each year fixes the rate. 

t As amended by sec. 8, chap. 567, Laws of 1875. 



18 



TITLE 3. 



Comptroller 
may withhold 
moneys from 
counties. 



Treasurer 
and superin- 
tendent may 
borrow 
moneys, 



State school 
moneys. 



Apportion- 
ment by 
superin- 
tendent 

Applied to 
teachers' 



From free 
school fund. 



Consolidated School Act of 1864. 

by the treasurer in payment of his warrants, and all 
receipts of the treasurer for such money paid to the 
treasurer, and no such receipt shall be evidence of pay- 
ment unless it be so countersigned. 

* § 4. The comptroller may withhold the payment of 
any moneys, to which any county may be entitled, from 
the appropriation of the incomes of the school fund and 
the United States deposit fund for the support of com- 
mon schools, until satisfactory evidence shall be furnished 
to him that all moneys required by law to be raised by 
taxation upon such county, for the support of schools 
throughout the State have been collected and paid, or 
accounted for to the state treasurer ; and whenever, after 
the first day of March in any year, in consequence of the 
failure of any county to pay such moneys on or before 
that day, there shall be a deficiency of moneys in the 
treasury applicable to the payment of school moneys, to 
which any other county may be entitled, the treasurer and 
superintendent of public instruction are hereby authorized 
to make a temporary loan of the amount so deficient, and 
such loan, and the interest thereon at the rate of twelve 
per cent per annum, until payment shall be made to the 
treasury, shall be a charge upon the county in default, 
and shall be added to the amount of state tax, and levied 
upon such count}' by the board of supervisors thereof at 
the next ensuing assessment, and shall be paid into the 
treasury in the same manner as other taxes. 

§ 5. The moneys raised by the state tax or borrowed 
as aforesaid to supply a deficiency thereof, and such 
portion of the income of the United States deposit fund 
as shall be appropriated, and the income of the common 
school fund, when the same are appropriated to the sup- 
port of common schools, constitute the state school moneys, 
and shall be divided and apportioned by the superintend- 
ent of public instruction, on or before the twentieth day 
of January in each year as follows : and all moneys so 
apportioned, except the library moneys, shall be applied 
exclusively to the payment of teachers' wages. 

f § 6. He shall apportion and set apart from the free 
school fund appropriated therefor the amounts required 



* As amended by sec. 4, chap 406, Laws of 1867. 

+ Ae amended by chap, 374, Laws of 1876, and by sec. 1, chap. 340, Laws of 1885. 
This section was changed by sec. 3, chap. 1, Laws of 1881, which reads as follows : 

{ 3. In making the annual apportionment of school moneys, the superintendent 
of public instruction shall hereafter set apart a sum sufficient to pay the salaries of 
the several school commissioners from the free school fund, instead of from the 
United States deposit fund as heretofore. Also amended by sec. 1, chap. 333, 
Laws of 1889. Also amended by sec. 1 of chap 534, Laws of 1890. 



Of State and Other School Moneys. 19 



to pay the annual salaries of the school commissioners TITLB 3 - 
elected or elective under this act, to be drawn out of the 
treasury and paid to the several commissioners as herein- 
before provided ; and he shall also apportion to each of Apportion- 
the cities of the state, and to each of the incorporated ries^o^chooi 
villages of the state having a population of five thousand °?r^ 8 !L on ~ 

i i i i • £ i -i i • • i • »na to 

and upwards, and to each union free school district having ci ^ ies and vii- 
a like population, which employs a superintendent of in| e a superm- 
common schools, out of the income of the said fund, and schools. ° f 
if insufficient, the deficiency out of the free school fund 
so appropriated, the sum of eight hundred dollars ; and in 
case any city is entitled to more than one member of 
assembly, according to the unit of representation adopted 
by the legislature, five hundred dollars for each additional 
member of assembly, to be expended according to law 
for the support of the common schools of the city. But 
said superintendent shall make no allotment to smy city 
or district for the expenses of a superintendent unless 
satisfied that such city, village or district, employs a com- 
petent person as superintendent whose time is exclusively 
devoted to the general supervision of the schools of said 
city, village or district ; nor shall he make any allotment 
to any district in the first instance without first causing 
an enumeration of the inhabitants thereof to be made 
which shall show the population thereof to be at least five 
thousand, the expense of which enumeration, as certified 
by said state superintendent, shall be paid by the district 
in whose interest it is made. He shall then set apart, Library 
from the income of the United States deposit fund, for money8, 
and as library moneys, such sums as the legislature shall 
appropriate for that purpose. He shall also set apart 
from the free school fund a sum, not exceeding four 
thousand dollars, for a contingent fund. He shall then 
set apart and apportion, for and on account of the Indian Indian 
schools under his supervision, a sum which will be equita- schools - 
bly equivalent to their proportion of the state school 
money, upon the basis of distribution established by this 
act, such sum to be wholly payable out of the proceeds of 
the state tax for the support of common schools. After to divide re- 
deducting the said amounts he shall divide the remainder two n e d quai nto 
of the state school moneys into two parts, and shall appor- P arts - 
tion them as hereinafter specified. 

* § 7. He shall apportion such remainder equally among one-half 
the school districts and cities from which reports shall ment; tion 

* As amended by sec. 2, chap. 340, Laws of 1885; and by sec. 1, chap. 328, Laws of 
1889 ; and by sec. 2, chap. 534, Laws of 1890 ; and by sec. 2, chap. 500, Laws of 1893. 



20 Consolidated School Act of 1864. 



have been received in accordance with law, as follows ; 
Making the distributive portion or each district quota one 
what dig- hundred dollars. To entitle a district to a distributive 
ceive district portion or district quota, a qualified teacher, or successive 
quota. qualified teachers, must have actually taught the common 

school of the district for at least the term of time herein- 
after mentioned, during the last preceding school year. 
Onequota for For every additional qualified teacher and his successors 
teacher. a!lfled who shall have actually taught in said school during the 
whole of said term, the district shall be entitled to another 
distributive quota; but pupils employed as monitors, or 
Term of otherwise, shall not be deemed teachers. The afore- 
schooi. mentioned term during the current school year shall be 

.thirty-two weeks of five school days each, inclusive of 
legal holidays, and anj* other day which shall be by law 
declared a holiday, which shall occur during the term, 
and thereafter said term, during every school year, shall 
be one hundred and sixty days of school, inclusive of 
legal holidays that may occur during the term of said 
schools, and exclusive of Saturday. No Saturday shall 
be counted as part of said one hundred and sixty days of 
school, and no school shall be in session on a legal holiday. 
Teacher's A deficiency not exceeding three weeks during the current 
aunstimte. year, or in any other subsequent year, caused by a 
teacher's attendance upon a teachers' institute within the 
county, shall be excused by the superintendent of public 
instruction. 
The remain- * § 8. Having so apportioned and distributed the said 
apportioned! 6 district quotas as specified in section 7 of this act, the 
superintendent shall apportion the remainder of said state 
school moneys, and also the library moneys separatel}*, 
among the counties ot the state, according to their respect- 
ive population, excluding Indians residing on their 
reservations, as the same shall appear from the last pre- 
Apportion- ceding state or United States census ; but as to counties 
payment 3 in which are situated cities having special school acts, he 
to cities. shall apportion to each city the part to which it shall so 
appear entitled, and to the residue of the county the part 
to which it shall appear to be so entitled. If the census 
according to which the apportionment shall be made does 
not show the sum of the population of any county or city, 
the superintendent shall, by the best evidence he can 
procure, ascertain and determine the population of such 

* As amended by sec. 3, chap. 340, Laws of 1885, and by sec. 3, chap. 531, Laws 
of 1890. 

For days declared by law to be holidays, see chap. 677, Laws of 1892, sec. 24, 
vol. 2, paije 99, post. 



Of State and Other School Moneys. 21 

county or city at the time the census was taken, and make 
his apportionment accordingly. 

§ 9. The superintendent shall apportion to each separate separate 

? - i 1 i i • i lni i l i in j neighbor- 

neignborhood which shall have duly reported sucn nxea hoods, 
sum as will, in his opinion, be equitably equivalent to its 
portion of all the state school moneys upon the basis of 
distribution established by this act ; such sum to be payable 
out of the contingent fund hereinbefore established. 

* § 10. Whenever any school district or separate neigh- ^ t e g u h d ^ e 
borhood shall have been excluded from participation in been ex- 
any apportionment made by the superintendent, or by the theappor°- m 
school commissioners, by reason of its having omitted to 1^™^^- 
make any report required by law, or to comply with any ent may make 
other provision of law, or with any rule or regulation aHowance. 
made by the superintendent under the authority of law, 

and it shall be shown to the superintendent that such 
emission was accidental or excusable, he may, upon the 
application of such district or neighborhood, make to it 
an equitable allowance ; and if the apportionment was p rom contin- 
made by himself, cause it to be paid out of the contingent s entfund - 
fund ; and, if the apportionment was made by the com- when made 
missioners, direct them to apportion such allowance to it, j^^o™" 
at their next annual apportionment, in addition to any 
apportionment to which it may then be entitled. And May direct 
the superintendent may, in his discretion, upon the recom- f teachers' 
mendation of the school commissioner having jurisdiction ^hb^w&a 
over the district in default, direct that the money so n °^ fl d e u d ly 
equitably apportioned shall be paid in satisfaction of teacher, 
teachers wages earned by a teacher not qualified in 
accordance with the provisions of the law as hereinafter 
set forth. 

§ 11. If money to which it is not entitled, or a larger Moneys ap : 
sum than it is entitled to, shall be apportioned to any excesTmay 1 
county, or part of a county, or school district, and it shall £ y theTuper- 
not have been so distributed- or apportioned among the intendent. 
districts, or expended, as to make it impracticable so to do, 
the superintendent may reclaim such money or excess, by 
directing any officer in whose hands it may be to pay it 
into the state treasury, to the credit of the free school 
fund ; and the state treasurer's receipt, countersigned by 
the superintendent, shall be his only voucher ; but if it be when im- 
impracticable so to reclaim such money or excess, then the t™r C eciaim e 
superintendent shall deduct it from the portions of such mone y B - 
county, part of a county or district, in his next annual 

* As amended by section 1, chapter 27, Laws of 1880. 

Note.— By section 2 of chapter 27, Laws of 1880, all acts and parts of acts incon- 
sistent with this act are thereby repealed. 



22 



Consolidated School Act of 1864. 



TITLE 3. 



Deficiencies 
to be supplied 
by supple- 
mental appor- 
tionment. 



To certify to 
county clerk, 
treasurer, 
commis- 
sioner, etc. 



Moneysannu- 
ally appor- 
tioned pay- 
able on the 
first day of 
April. 



Real and per- 
sonal estate 
given in trust 
for the benefit 
of common 
schools. 



apportionment, and distribute the sum thus deducted 
equitably among the counties and parts of counties, or 
among the school districts in the state entitled to partici- 
pate in such apportionment, according to the basis of 
apportionment in which such excess occurred. 

§ 12. If a less sum than it is entitled to shall have been 
apportioned by the superintendent to any county, part of 
a county or school district, the superintendent may make 
a supplementary apportionment to it, of such a sum as 
shall make up the deficiency, and the same shall be paid 
out of the contingent fund, if sufficient, and if not, then 
the superintendent shall make up such deficiency in his 
next annual apportionment. 

§ 13. As soon as possible after the making of any 
annual or general apportionment, the superintendent shall 
certify it to the county clerk, county treasurer, school 
commissioners and city treasurer or chamberlain, in every 
county in the state ; and if it be a supplemental appor- 
tionment, then to the county clerk, county treasurer and 
school commissioners of the county in which the neigh- 
borhood or the school-house of the district concerned is 
situate. 

* § 14. The moneys so annually apportioned by the 
superintendent shall be payable on the first day of April 
next after the apportionment, to the treasurers of the 
several counties and the chamberlain of the city of New 
York, respectively ; and the said treasurers and the 
chamberlain shall apply for and receive the same as soon 
as payable. 

Second Article. 

Of trusts for the benefit of common schools, and of town 
school funds, -fines, penalties and other moneys held or 
given for their benefit. 

§ 15. Real and personal estate may be granted, con- 
veyed, devised, bequeathed and given in trust and in 
perpetuity or otherwise, to the state, or to the superin- 
tendent of public instruction, for the support or benefit 
of the common schools within the state, or within any 
part or portion of it, or of any particular common school 
or schools within it ; and to any county, or the school 
commissioner or commissioners of any county, or to any 
city or any board or officers thereof, or to any school 
commissioner district or its commissioner, or to any town 
or supervisor of a town, or to any school district or its 

* As amended by sec. 10, chap. 507, Laws of 1875, 



Of State and Other School Moneys ; Trusts, etc. 23 



trustee or trustees, for the support and benefit of common 
schools within such county, city school commissioner 
district, town or school district, or within any part or 
portion thereof respectively, or for the support and benefit 
of any particular common school or schools therein. 

§16. No such grant, conveyance, devise or bequest Trust not in- 
shall be held void for the want of a named or competent of trustee"" 1 
trustee or donee, but where no trustee or donee, or an or donee - 
incompetent one is named, the title and trust shall vest in 
the people of the state, subject to its acceptance by the. 
legislature, but such acceptance shall be presumed. 

§ IT. The legislature may control and regulate the Legislature to 
execution of all such trusts ; and the superintendent of regulate 
public instruction shall supervise and advise the trustees, trusts ; 
and hold them to a regular accounting for the trust prop- tendent to re- 
erty and its income and interest, at such times, in such ^ account. 668 
forms, and with such authentications, as he shall from 
time to time prescribe. 

§ 18. The common council of every city, the board of certain 
supervisors of every county, the trustees of evecy village, boards to re- 
the supervisor of every town, the trustee or trustees of ^ to U super- 
every school district, and every other officer or person intendeut. 
who shall be thereto required by the superintendent of 
public instruction, shall on or before the thirtieth day of 
September next, report to him whether any, and if any, 
what trusts are held by them respectively, or by any other 
body, officer or person, to their information or belief for 
school purposes, and shall transmit therewith an authenti- 
cated copy of every will, conveyance instrument or paper 
embodying or creating the trust ; and shall, in like manner, 
forthwith report to him the creation and terms of every 
such trust subsequently created. 

§ 19. Every supervisor of a town shall, by the thirtieth Gospel and 
day of September next, report to the superintendent 8C 
whether there be, within the town, any gospel or school 
lot, and, if any, shall describe the same, and state to what 
use, if any, it is put by the town ; and whether it be 
leased, and if so, to whom, for what term and upon what 
rents ; and whether the town holds or is entitled to any 
land, moneys or securities arising from any sale of such 
gospel or school lot, and the investment of the proceeds 
thereof, or of the rents and income of such lots and invest- 
ments, and shall report a full statement and account of 
such lands, moneys and securities. 

§ 20. Every supervisor of a town shall in like manner, Moneys in the 
by the thirtieth day of September next, report to the seeWof thT" 

poor. 



24 



TITLE 3. 



Superintend- 
ent to report 
to the legis- 
lature. 



Superin- 
tendent can 
require report 
from super- 
visor or other 
town officer. 



Penalties and 
fines, how 
paid and 
apportioned. 



District attor- 
ney to report 
fines and pen- 
alties to su- 
pervisors. 



Finea and 
penalties, to 
whom paid. 



Consolidated School Act of 1864. 

superintendent whether the town has a common school 
fund orginated under the " Act relative to moneys in the 
hands of overseers of the poor " passed April 27, 1829, 
and, if it have, the full particulars thereof, and of its 
investment, income and application, in such form as the 
superintendent may prescribe. 

§ 21 In respect to the property and funds in the two 
last sections mentioned, the superintendent shall, at the 
next session of the legislature, and annually thereafter, 
include in his annual report a statement and account 
thereof. And, to these ends, he is authorized, at any time, 
and from time to time, to require from the supervisor, 
board of town auditors, or any officer of a town, a report 
as to any fact, or any information or account, he may 
deem necessary or desirable. 

§ 22. Whenever, by any statute, a penalty or fine is 
imposed for the benefit of common schools, and not 
expressly of the common schools of a town or school dis- 
trict, it shall be taken to be for the benefit of the common 
schools of the county within which the conviction is had ; 
and the fine or penalty, when paid or collected, shall be 
paid forthwith into the county treasury, and the treasurer 
shall credit the same as school moneys of the county, 
unless the county comprise a city having a special school 
act, in which case he shall report it to the superintendent, 
who shall apportion it upon the basis of population 
by the last census, between the city and the residue of 
the county, and the portion belonging to the city shall be 
paid into its treasury. 

§ 23. Every district attorney shall report, annually, to 
the board of supervisors, all such fines and penalties 
imposed in any prosecution conducted by him during the 
previous year ; and all moneys collected or received by 
him or by the sheriff, or any other officer, for or on 
account of such fines or penalties, shall be immediately 
paid into the county treasury, and the receipt of the 
county treasurer shall be a sufficient and the only voucher 
for such money. 

§ 24. Whenever a fine or penalty is inflicted or imposed 
for the benefit of the common schools of a town or school 
district, the magistrate, constable or other officer collecting 
or receiving the same shall forthwith pay the same to the 
county treasurer of the county in which the school-house 
is located, who shall credit the same to the town or dis- 
trict for whose benefit it is collected. If the fine or 
penalty be inflicted or imposed for the benefit of the 



Of Apportionment by School Commissioners. 25 



common schools of a city having a special school act, or 
of any part or district of a city, it shall be paid into the 
city treasury. 

§ 25. Whenever, by this or any other act, a penalty or Penalties 
tine is imposed upon any school district officer for a viola- districts, 
tion or omission of official duty, or upon any person for 
any act or omission within a school district, or touching 
property or the peace and good order of the district, and 
such penalty or tine is declared to be for, or for the use or 
benefit of the common schools of the town or of the county, 
and such school district lies in two or more towns or 
counties, the town or county intended by the act shall 
be taken to be the one in which the school-house, or the 
school-house longest owned or held by the district, is at 
the time of such violation, act or omission. 

§ 26. (Kepealed by chap. 593, Laws of 1886, § 1, T 39 ; 
the following provisions of the Penal Code applying in 
such cases : ) 

Sec. 470. Misappropriation, etc., and falsification of accounts by public officers: 
A public officer, or a deputy or clerk of any such officer, and any other person 
receiving money on behalf of, or for account of, the people of this state, or of any 
department of the government of this state, or of any bureau or fund created by 
law, and in which the people of this state are directly or indirectly interested, or 
for or on account of any city, county, village or town, who 

1. Appropriates to his own use, or to the u«e of any person not entitled thereto, 
without authority of law< any money so received by him as such officer, clerk or 
deputy, or otherwise ; or 

2. Knowingly keeps any false account, or makes any false entry or erasure in any 
account of, or relating to, any money so received by him ; or, 

3. Fraudulently alters, falsifies, conceals, destroys or obliterates any such 
account ; or. 

4. Willfully omits or refuses to pay over to the people of this State, or their 
officer or agent authorized by law to receive the same, or to such city, village, 
county or town, or the proper officer or authority empowered to demand and 
receive the same, any mouey received by him as such officer, when It is his duty 
imposed by law to pay over or account for the same, is guilty of felony. 

Sec. 471. Other violations of law : 

An officer or other person mentioned in the last section, who willfully disobeys 
any provision of law regulating his official conduct, in cases other than those 
specified in that section, is guilty of a misdemeanor, punishable by a flue not 
exceeding one thousand dollars, or imprisonment not exceeding two years, or both. 

Sec. 473. A public officer or school officer, who is authorized to sell or lease any 
property, or to make any contract in his official capacity, or to take part in making 
any such sale, lease or contract, who voluntarily becomes interested individually in 
such sale, lease or contract, directly or indirectly, except in cases where such sale, 
lease or contract, or payment under the same, is subject to audit or approval by the 
superintendent of public instruction, is guilty of a misdemeanor. 

See, also, sees. 114 and 515 of Penal Code. 

Third Article. 

Of the apportionment of the state school moneys, and of 
other school moneys hy the school commissioners, and 
their payment to the supervisors '.^ 

§ 27. The school commissioner, or commissioners of each Apportion- 
connty, shall proceed, at the county seat, on the third ^hooi° f 
Tuesday of March in each year, to ascertain, apportion moneys by 

i -i • • i i -i i i i c ^^ eommis- 

and divide the state and other school moneys as follows : sioners. 



26 



TITLE 3. 
Library 
moneys. 

Shall set 
apart moneys 
specially 
apportioned 
by the super- 
tendent. 



Return of 
unexpended 
moneys by 
supervisors. 



Returns from 
treasurer of 
fines and 
penalties. 



How appor- 
tioned. 



Apportion- 
ment of li- 
brary moneys 
according to 
aggregate 
attendance 
of children. 



Remaining 
moneys. 



Consolidated School Act of 1864. 

1. They shall set apart any library moneys apportioned 
by the superintendent. 

2. From the other moneys apportioned to the county, 
they shall set apart and credit to each separate neighbor- 
hood and school district the amount apportioned to it by 
the state superintendent, and to every district which did 
not participate in the apportionment of the previous year, 
and which the superintendent shall have excused, such 
equitable sum as he shall have allowed to it. 

3. They shall procure from the treasurer of the county 
a transcript of the returns of the supervisors hereinafter 
required, showing the unexpended moneys in their hands 
applicable to the payment of teachers' wages and to library 
purposes, and shall add the whole sum of such moneys to 
the balance of the state moneys to be apportioned for 
teachers' wages. The amounts in each supervisor's hands 
shall be charged as a partial payment of the sums appor- 
tioned to the town for library moneys and teachers' wages, 
respectively. 

4. They shall procure from the county treasurer a full 
list and statements of all payments to him of moneys for 
or on account of fines and penalties, or accruing from any 
other source, for the benefit of schools and of the town or 
towns, district or districts for whose benefit the same were 
received. Such of said moneys as belong to a particular 
district, they shall set apart and credit to it ; and such as 
belong to the schools of a town, they shall set apart and 
credit to the schools in that town, and shall apportion 
them together with such as belong to the schools of the 
county as hereinafter provided for the payment of teachers' 
wages. 

* 5. They shall apportion library moneys to the school 
districts, and parts of school districts, joint with parts in 
any city or in anj' adjoining county, which shall be entitled 
to participate therein as hereinafter specified, in propor- 
tion to the aggregate number of days of attendance of 
children in each between the ages of five and twenty-one 
years, as the same shall appear from the reports of the 
trustees for the last preceding school year. 

6. They shall apportion in like manner and upon the 
same basis, until the apportionment of the year eighteen 
hundred and sixty-six, the remaining unapportioned 
moneys upon such school districts and parts of school 
districts. 



: As amended by chap. 602, Laws of 1887. 



Of Apportionment by School Commissioners. 27 



rp-rrpr -pi o 

*7. In the apportionment of eighteen hundred and New ba8i8 ' 
eighty-nine, and in every subsequent apportionment, they in 1889. 
shall apportion all ot such remaining unapportioned 
moneys, in the like manner and upon the same basis among 
such school districts and parts of districts in proportion to 
the aggregate number of days of attendance of the pupils 
resident therein, between the ages of five and twenty-one 
years, at their respective schools during the last preced- 
ing school year. The aggregate number of days in According to- 
attendance of the pupils is to be ascertained from the nlmbfror 
records thereof kept by the teachers as hereinafter pre- da y® of at - 
scribed, by adding together the whole number of days 
attendance of each and every such pupil in the district, 
or part of a district. 

8. They shall then set apart to each town the moneys separate 
so set apart and apportioned to each separate neighbor- hoods. ° r 
hood ; to each district, the school-house of which is 
therein ; and to each part of a joint district therein the 
school-house of which is located in a city or in a town in 

an adjoining county. 

9. They shall sign, in duplicate, a certificate, showing ^^ortfon- 
the amounts apportioned and set apart to each separate ment. 
neighborhood, school district and part of a district, and 

the towns in which they were situated, and shall designate 
therein the source from which each item of the aggregate 
to each district and town was derived ; and shall forth- 
with deliver one of said duplicates to the treasurer of the 
county and transmit the other to the superintendent of 
public instruction. 

10. They shall certify to the supervisor of each town certify to the 
the amount of school moneys so apportioned to his town, 

and the portions thereof to be paid by him for library 
purposes and for teachers' wages, to each such distinct 
separate neighborhood, district and part of a district. 

§ 28. If in their apportionment, through any error of Erroneous 
the commissioners, any district shall have apportioned to mint' how 
it a larger or a less share of the moneys than it is entitled remedied - 
to, the commissioners may in their next annual apportion- 
ment, with the approbation of the superintendent, correct 
the error by an equitable deduction from or augmentation 
of the share of such district. 

§ 29. No district or part of a district shall be entitled what district 
to any portion of such school moneys on such apportion- public 
ment unless the report of the trustees for the preceding mone y s - 

*As amended by sec. 1, chap. 492, Laws of 18S1, and sec. 4, chap. 340, Laws of 
1885, and chap. 60a, Laws of 1887. 



28 



TITLE 3. 



Supervisor to 
make appor- 
tionment and 
file the 
original. 



Supervisor to 
give bonds. 



In case of 
vacancy in 
office of 
supervisor. 



Refusal to 
give security 
a misde- 



CONSOLIDATED SCHOOL ACT OF 1864. 

school year shall show that a common school was sup- 
ported in the district and taught by a qualified teacher 
for such a term of time as would, under section seven of 
this title, entitle it to a distributive share under the appor- 
tionment of the superintendent. 

§ 30. On receiving the certificate of the commissioners, 
each supervisor shall forthwith make a copy thereof for 
his own use, and deposit the original in the office of the 
clerk of his town ; and the moneys so apportioned to 
his town shall be paid to him immediately on his com- 
pliance with the requirements of the next section, and 
not before. 

* § 31. Immediately on receiving the commissioners' 
certificate of apportionment, the county treasurer shall 
require of each supervisor, and each supervisor shall give 
to the treasurer, in behalf of the town, his bond, with two 
or more sufficient sureties, approved by the treasurer, in 
the penalty of at least double the amount of the school 
moneys set apart or apportioned to the town, and of any 
such moneys unaccounted for by his predecessors, condi- 
tioned for the faithful disbursement, safe-keeping and 
accounting for such moneys, and of all other school 
moneys, that may come into his hands from any other 
source. If the condition shall be broken, the county 
treasurer shall sue the bond in his own name, in behalf of 
the town, and the money recovered shall be paid over to 
the successor of the supervisor in default, such successor 
having first given security as aforesaid. Whenever the 
office of a supervisor shall become vacant, by reason of 
the expiration of his term of service or otherwise, the 
county treasurer shall require the person elected or 
appointed to fill such vacancy to execute a bond, with two 
or more sureties, to be approved by the treasurer, in the 
penalty of at least double the sum of the school moneys 
remaining in the hands of the old supervisor, when the 
office became vacant, conditioned for the faithful dis- 
bursement, safe-keeping and accounting for such moneys. 
But the execution of this bond shalt not relieve the super- 
visor from the duty of executing the bond first above 
mentioned. 

§ 32. The refusal of a supervisor to give such security 
shall be a misdemeanor, and any fine imposed on his con- 
viction thereof shall be for the benefit of the common 
schools of the town. Upon such refusal, the moneys so 
set apart and apportioned to the town shall be paid to and 

* As amended by sec. 11, chap. 567, Laws of 1815. 



Disbursement of Moneys by Supervisors. 29 



disbursed by some other officer or person to be designated C( ^y j a ^'„ e 
by the county judge, under such regulations and with may appoint 
such safeguards as he may prescribe, and the reasonable whonTthe 
compensation of such officer or person, to be adjusted by ™ p ° a rtand et 
the board of supervisors, shall be a town charge. apportioned 

1 ° to the town 

shall be paid. 

TITLE IV. 

OF THE DISBURSEMENT OF THE SCHOOL MONEYS BY THE 
SUPERVISORS, AND OF SOME OF THEIR SPECIAL POWERS, 
DUTIES AND LIABILITIES UNDER THIS ACT. 

Section 1. The several supervisors continue vested with supervisors 
the powers and charged with the duties formerly vested of gospei ?l and 
in and charged upon the trustees of the gospel and school sch0Ql lot? - 
lots, and transferred to and imposed upon town super- 
intendents of common schools by chapter one hundred 
and eighty-six of the laws of one thousand eight hundred 
and forty-six. 

§2. The several supervisors continue vested with the powers under 
powers and charged with the duties conferred and imposed formeracts - 
upon the commissioners of common schools by the act of 
eighteen hundred and twenty-nine (chap. 287), entitled 
" An act relative to moneys in the hands of overseers of 
the poor." 

§ 3. (Relating to the embezzlement of moneys by Repealed, 
supervisors, repealed by sec. 1, subdivision 39 of chap. 593, 
Laws of 1886.) Sections 470 and 471 of the Penal Code 
are applicable to such cases, and are printed page 25, ante. 

§ 4. On the first Tuesday of March in each year, each To make a 

return of 

supervisor shall make a return in writing to the county moneys in 

treasurer for the use of the school commissioners, showing theirhaB 8 - 

the amounts of school moneys in his hands not paid out 

on the orders of trustees for teachers' wages, nor drawn 

by them for library purposes, and the districts to which 

they stand accredited (and if no such money remain in 

his hands, he shall report that fact) ; and thereafter he 

shall not pay out any of said moneys until he shall have 

received the certificate of the next apportionment; and 

the moneys so returned by him shall be reapportioned as 

hereinbefore directed. 

§ 5. (Providing a penalty for neglect of duty by a Repealed, 
supervisor, repealed by section 1, subdivision 39 of chapter 
593, Laws of 1886.) Sections 470 and 471 of the Penal 
Code are applicable. See page 25, ante. 



30 



Consolidated School Act of 1864. 



TITLE 4. 
Supervisors' 
duties. 
How to dis- 
burse the 
school 
moneys for 
teachers' 
wages. 



Payment 
thereof to 
collector. 



Library 
money. 



To pay to the 
treasurer of a 
union free 
school 
district. 



To keep an 
account of all 
school mon- 
eys received 
and disburse- 
ments. - 

To enter on 
blank book 
receipts and 
disburse- 
ments. 



To file ac- 
count with 
the town 
clerk and 
notify his 
successor 
thereof. 



§ 6. It is the duty of every supervisor : 

*1. To disburse the school moneys in his hands appli- 
cable to the payment of teachers' wages, upon and only 
upon the written orders of a sole trustee or a majority of 
the trustees, in favor of qualified teachers, or upon the 
order of a trustee of a separate neighborhood in favor of 
any teacher of a school in an adjoining state, recognized 
by him and patronized by the inhabitants of such 
neighborhood. Such teacher shall be deemed a qualified 
teacher. But whenever the collector in any school dis- 
trict shall have given bonds for the due and faithful per- 
formance of the duties of his office as such disbursing 
agent, as required by section eighty-three of title seven 
of this act, the said supervisor shall pay over to such col- 
lector all moneys in his hands applicable to the payment 
of teachers' wages in such district, and the said collector 
shall disburse such moneys so received by him upon such 
orders as are specified above, to the teachers entitled to 
the same. 

f 2. To disburse the library moneys upon, and only upon 
the written orders of a sole trustee, or of a majority of 
the trustees. 

3. In the case of a union free school district, to pay 
over all the school money apportioned thereto, whether 
for the payment of teachers' wages, or as library moneys, 
to the treasurer of such district, upon the order of its 
board of education. 

4. To keep a just and true account of all the school 
moneys received and disbursed by him during each year, 
and to lay the same, with proper vouchers, before the 
board of town auditors at each annual meeting thereof. 

5. To have a bound blank book (the cost of which shall 
be a town charge), and to enter therein all his receipts and 
disbursements of school moneys, specifying from whom 
and for what purposes they were received, and to whom 
and for what purposes they were paid out ; and to deliver 
the book to his successor in office. 

6. Within fifteen days after the termination of his 
office, to make out a just and true account of all school 
moneys theretofore received by him and of all disburse- 
ments thereof, and to deliver the same to the town clerk, 
to be filed and recorded, and to notify his successor in 
office of such rendition and filing 



* As amended by section 12. chapter 567, Laws of 1875, and section 1, chapter 175 
Laws of 1890. 
t As amended by section 13, chapter 567, Laws of 1875. 



Of the Duties of the Town Clerk. 31 



7. So soon as the bond to the county treasurer, by the To procure ' 
third article of the third title of this act required, shall predecssor's 

i i • i_ i. ■ j iiii account, and 

have been given by him and approved by the treasurer, demand and 
to deliver to his predecessor the treasurer's certificate of moneys, 
these facts, to procure from the town clerk a copy of his 
predecessor's account, and to demand and receive from 
him any and all school moneys remaining in his hands. 

8. Upon receiving such a certificate from his successor, tosuccessoT 
and not before, to pay to him all school moneys remaining: moneys re- 

i • i i i - n i • i in t -r- • i maimng in 

m his hands, and to forthwith hie the certificate in the his hands. 
town clerk's office. 

9. By his name of office, when the duty is not elsewhere To sue for 
imposed by law, to sue for and recover penalties and for- penalties and 
feitures imposed for violations of this act, and for any forfeiture8 - 
default or omission of any town officer or school district 

board or officer under this act ; and after deducting his £o report 
costs and expenses to report the balances to the school commis- 
commissioner. sioner. 

10. To act, when thereto legally required, in the erec- Erection or 
tion or alteration of a school district, as in the sixth title a school 
of this act provided, and to perform any other duty which dlstnct - 
may be devolved upon him by this act, or any other act 
relating to common schools. 

TITLE V. 

OF THE DUTIES OF THE TOWN CLERK UNDER THIS ACT. 

Section 1. It shall be the duty of the town clerk of J^jf B cl ° e f rk 
each town : 

1. Carefully to keep all books, maps, papers and records 
of his office touching common schools, and forthwith to 
report to the supervisor any loss of or injury to any of 
them which may happen. 

2. To receive from the supervisors the certificates of 
apportionment of school moneys to the town, and to record 
them in a book to be kept for that purpose. 

3. Forthwith to notify the trustees of the several school 
districts and separate neighborhoods of the filing of each 
such certificate. 

* 4. To see that the trustees of the school districts and to°report erk 
separate neighborhoods make and deposit with him their ^^officers 8 ' 
annual reports within the time prescribed by law, and to to commis- 
deliver them to the school commissioner on demand ; and 81 
to furnish the school commissioner of the school commis- 
sioner district in which his town is situated the names 

* As amended by sec. 5, chap. 647, Laws of 1865. 



32 



Consolidated School Act of 1864. 



TITLE 5. 



To distribute 
blanks, books 
and circulars 
from superin- 
tendent of 
public in- 
struction. 

Account to be 
be kept by. 



To record 
description 
of school 
district. 



To preserve 
records of 
dissolved 
district. 



Clerk's 
charges and 
expenses. 



and post-office address of the school district officers 
reported to him by the district clerks. 

*5. To distribute to the trustees of the school districts 
and separate neighborhoods all books, blanks and circulars 
which shall be delivered or forwarded to him by the state 
superintendent or school commissioner for that purpose. 

6. To receive from the supervisor, and record in a book 
kept for that purpose, the annual account of the receipts 
and disbursements of school moneys required to be sub- 
mitted to the town auditors, together with the action of 
the town auditors thereon, and to send a copy of the account 
and of the action thereon, by mail, to the superintendent 
of public instruction, whenever required by him, and to 
file and preserve the vouchers accompanying the account. 

7. To receive and to record, in the same book, the 
supervisor's final account of the school moneys received 
and disbursed by him, and deliver a copy thereof to such 
supervisor's successor in office. 

8. To receive from the outgoing supervisor, and file and 
record in the same book, the county treasurer's certificate, 
that his successor's bond has been given and approved. 

9. To receive, file and record the descriptions of the 
school districts and neighborhoods, and all papers and pro- 
ceedings delivered to him by the school commissioner 
pursuant to the next title of this act. 

10. To act, when thereto legally required, in the erec- 
tion or alteration of a school district, as in the next title 
of this act provided. 

f 11. To receive and preserve the books, papers and 
records of any dissolved school district, which shall be 
ordered, as hereinafter provided, to be deposited in his 
office. 

12. To perform any other duty which may be devolved 
upon him by this act, or by any other act touching com- 
mon schools. 

§ 2. The necessary expenses and disbursements of the 
town clerk in the performance of his said duties, area town 
charge, and shall be audited and paid as such. 



* As amended by sec. fi, chap. 831, Laws of 1888. 
t Original subdivision 11 stricken out by sec. 18, chap. 647 
subdivisions 12 and 13, numbered 11 and 12, respectively. 



Laws of 1865, and 



Formation and Alteration of School Districts. 33 



TITLE 6. 



TITLE VI. 

OF THE FORMATION, DISSOLUTION AND ALTERATION OF SCHOOL 
DISTRICTS AND SEPARATE NEIGHBORHOODS. 

Section 1. It shall be the duty of each school commis- commission- 
sioner, in respect to the territory within his district : respect to m 

1. To divide it, so far as practicable, into a convenient ^st°r?cts. 
number of school districts, and alter the same as herein 
provided ; 

2. In conjunction with the commissioner or commis- Jo set off 
sioners of an adjoining school commissioner district or tricts. dls " 
districts, to set off joint districts, composed of adjoining 

parts of their respective districts ; 

3. To set off by itself any neighborhood adjoining any To set off 
other state of the Union, where it shall be found most h»od hbor ' 
convenient for the inhabitants to send their children to a 
school in such adjoining state ; 

4. To describe and number the school districts, and To number 
joint districts, and to deliver, in writing, to the town d?str1cts. ribe 
clerk, the description and number of each district lying 

in whole or in part in his town, together with all notices, 
consents and proceedings relating to the formation 
or alteration thereof, immediately after such formation or 
alteration. Every joint district shall bear the same num- 
ber in every school commissioner district of whose territory 
it is in part composed. 

5. To deliver to the town clerk of the town in which to deliver 
it lies, in whole or in part, a description of each such operate 
separate neighborhood. neighbor- 

* § 2. With the written consent of the trustees of all M ° a ° aIter dis . 
the districts to be affected thereby, he may, by order, trictswitn 
alter any school district within his jurisdiction, and fix, trashes. *" 
by said order, a day when the alteration shall take effect. 

f § 3. If the trustees of any such district refuse to con- when trus- 
sent, he may make and file with the town clerk his order t( ? e8 1 ' efase t0 
making the alteration, but reciting the refusal, and direct- gl 
ing that the order shall not take effect, as to the dissenting 
district or districts, until a day therein to be named, and 
not less than three months after the notice in the next 
section mentioned. 

^ § 4. Within ten days after making and filing such order Procedure on 
he shall give at least a week's notice in writing to one or trast^to ° f 
more of the assenting and dissenting; trustees of anv dis- the alteration 

12 _ ' of a school 

* As amended by sec. 5, chap. 406, Laws of 1867. district. 

t As amended by sec. 6, chap. 406, Laws of 1867. 
t As amended by sec. 6, chap. 647, Laws of 1865. 



34 



TITLE 6. 



Fees of super- 
visor and 
town clerk. 



Formation 
of joint 
districts. 



Alteration 
or dissolution 
of a joint 
district. 



Consolida- 
tion of 
districts. 



Supervisor to 
sell property 
of annulled 
districts. 



Consolidated School Act of 1S64. 

trict or districts to be affected by the proposed alterations, 
that at a specified time, and at a named place within the 
town in which either of the districts to be affected lies, 
he will hear the objections to the alteration. The trus- 
tees of any district to be affected by such order may 
request the supervisor and town clerk of the town or 
towns within which such district or districts shall wholly 
or partly lie, to be associated with the commissioner. At 
the time and place mentioned in the notice the com- 
missioner or commissioners, with the supervisors and 
town clerks, if they shall attend and act, shall hear and 
decide the matter; and the decision shall be final unless 
duly appealed from. Such decision must either confirm 
or vacate the order of the commissioner, and must be filed 
with and recorded by the town clerk of the town or towns 
in which the district or districts to be affected shall lie. 

§ 5. The supervisor and town clerk shall be entitled 
each, to one dollar and fifty cents a day, for each day's 
service in any such matter, to be levied and paid as a 
charge upon their town. 

§ 6. Whenever it may become necessary or convenient 
to form a school district out of parcels of two or more 
school commissioner districts, the commissioners of such 
districts, or a majority of them, may form such district ; 
and the commissioners within whose districts any such 
school district lies, or a majority of them, may alter or 
dissolve it. 

§ 7. If a school commissioner, by notice in writing, 
shall require the attendance of the other commissioner or 
commissioners, at a joint meeting for the purpose of alter- 
ing or dissolving such a joint district, and a majority of 
all the commissioners shall refuse or neglect to attend, the 
commissioner or commissioners attending, or any one 
of them, may call a special meeting of such school district 
for the purpose of deciding whether or no such district 
shall be dissolved ; and its decision of that question shall 
be as valid as though made by the commissioners. 

§ 8. When two or more districts shall be consolidated 
into one, the new district shall succeed to all the rights of 
property possessed by the annulled districts. 

* § 9. When a district is parted into portions, which are 
annexed to other districts, its property shall be sold by 
the supervisor of the town within which its school-house 
is situate, at public auction, after at least five days' notice, 



*.As amended by sec. 14, chap. 567, Laws of 1875. 



Formation and Alteration of School Districts. 35 

by notices posted in three or more public places of the TITLE 6 - 
town in which the school-house is, one of which shall be 
posted in the district so dissolved. The supervisor, after 
deducting the expenses of the sale, shall apply its pro- 
ceeds to the payment of the debts of the district, and 
apportion the residue, if any, among the owners or pos- 
sessors of taxable property in the district, in the ratio of 
their several assessments on the last corrected assessment- 
roll or rolls of the town or towns, and pay it over 
accordingly. 

§ 10. The supervisor of the town within which the ®" e pe f ™„ t . t0 
school-house of the dissolved district was situate may standing 
demand, sue for, and collect, in his name of office, any monevs - 
money of the district outstanding in the hands of any of 
its former officers, or any other person ; and, after deduct- 
ing his costs and expenses, shall report the balance to the 
school commissioner who shall apportion the same equit- 
ably among the districts to which the parts of the dis- 
solved districts were annexed, to be by them applied as 
their district meetings shall determine. 

§ 11. Though a district be dissolved, it shall continue Dissolved dis- 

, • , • t ° <• , i r< . -i . /. -i tiict to exist 

to exist m law, for the purpose of providing for and pay- in law for set- 
ing all its just debts ; and to that end the trustees and aglirs! 1 ° f lts 
other officers shall continue in office, and the inhabitants 
may hold special meetings, elect officers to supply vacan- 
cies, and vote taxes ; and all other acts necessary to raise 
money and pay such debts shall be done by the inhab- 
itants and officers of the district. 

§12. The commissioner, or a majority of the commis- Re c° r ds, etc., 
sioners in whose district or districts a dissolved school dis- posited with 
trict was, shall by his or their order in writing, delivered town clerk ' 
to the clerk of the district, or to any person in whose pos- 
session the books, papers and records of the district, or 
any of them, may be, direct such clerk or other person to 
deposit the same in the clerk's office in a town in the 
order named. Such clerk or other person, by neglect or Penalty for 
refusal to obey the order, shall forfeit fifty dollars, to be obey 3 commis- 
applied to the benefit of common schools of said town. sloner,80rder - 
The commissioner or commissioners shall file a duplicate 
of the order with such clerk. 



36 



Consolidated School Act of 1864. 



TITLE 7. 



Commission- 
er to describe 
new district? 
and appoint a 
time for first 
meeting. 



Notice of 
such meeting. 



Notice of 
such meeting 



When com- 
missioner 
may call 
meeting. 



Penalty for 
refusal to 
give notice. 



Special' 
meetings. 



TITLE VII. 

of school district and neighborhood meetings, and of 
the choice, duties and powers of school district 
and neighborhood officers. 

First Article. 

Of school district and neighborhood meetings, the voters 
and their powers generally. 

Section 1. Whenever any school district or separate 
neighborhood shall be formed, the commissioner or any 
one or more of the commissioners, within whose district 
or districts it may be, shall prepare a notice describing 
such district or neighborhood, and appointing a time and 
place for the first district or neighborhood meeting, and 
deliver such notice to a taxable inhabitant of the district 
or neighborhood. "1"!^ 

§ 2. It shall be the duty of such inhabitant to notify 
every other inhabitant of the district or neighborhood, 
qualified to vote at the meeting, by reading the notice in 
his hearing, or in case of his absence from home, by leaving 
a copy thereof, or so much thereof as relates to the time, 
place and object of the meeting, at the place of his abode 
at least six days before the time of the meeting. 

§ 3. In case such meeting shall not be held, and in the 
opinion of the commissioner it shall be necessary to hold 
such meeting before the time herein fixed for the first 
annual meeting, he shall deliver another such notice to a 
taxable inhabitant of the district or neighborhood, who 
shall serve it as hereinbefore provided. 

§ 4. When the clerk and all the trustees of a school 
district shall have removed from the district, or their office 
shall be vacant, so that a special meeting cannot be called, 
as hereinafter provided, the commissioner may in like 
manner give notice of and call a special district meeting. 

§ 5. Every taxable inhabitant to whom a notice of any 
district meeting shall be delivered for service, pursuant to 
any provision of this article, who shall refuse or neglect 
to serve the same, as hereinbefore prescribed, shall forfeit 
five dollars for the benefit of the district. 

* § 6. A special district meeting shall be held when- 
ever called by the trustees. The notice thereof shall 
state the purposes for which it is called, and no business 
shall be transacted at such special meeting, except that 

* As amended by sec. 15, chap. 567, Laws of 1875. 



Or School Districts, Meetings, etc. 37 

which is specified in the notice ; and the district clerk, or 
if the office be vacant, or he be sick or absent, or shall 
refuse to act, a trustee or some taxable inhabitant, by order 
of the trustees, shall serve the notice upon each inhabitant 
of the district qualified to vote at district meetings, at least 
five days before the day of the meeting, in the manner 
prescribed in the second section of this title. But the A" n " a L m ^- 

■* nil* i * mg nitty pre* 

inhabitants of any district may, at any annual meeting, scribe man- 
adopt a resolution prescribing some other mode of giving notice for Vin 
notice of special meetings, which resolution and the mode Stings, 
prescribed thereby shall continue in force until rescinded 
or modified at some subsequent annual meeting. 

§ 7. The proceedings of no neighborhood or district ^^"Ipt 
meeting, annual or special, shall be held illegal for want in case of 
of a due notice to all the persons qualified to vote thereat, neglect, 
unless it shall appear that the omission to give such notice 
was willful and fraudulent. 

* § 8. The annual meeting of each neighborhood shall £^od neis:h * 
be held on the fourth Tuesday of A ugust in each year, at the school meet- 
hour and place fixed by the last previous neighborhood anff'where 1 
meeting, or, if such hour and place have not been so fixed, held - 
then the same shall be held in the school-house at seven 

thirty o'clock in the evening. If a neighborhood possesses 
more than one school-house, it shall be held in the one 
usually used for that purpose, unless the trustees designate 
in the notice another. If there is no school building, or . 
if the school-house shall be no longer accessible, then at 
such other place as the trustees, or, if there be no trustees, 
the clerk shall in the notice designate. 

f § 9. The annual meeting of each school district shall j^oofdis- 
be held the fourth Tuesday of August in each year, and trict meet-^ 
unless the hour and place thereof shall have been fixed by ana 'where 
a vote of a previous district meeting, the same shall be held- 
held in the school-house at seven-thirty o'clock in the 
evening. If a district possesses more than one school- 
house, it shall be held in the one usually employed for that 
purpose, unless the trustees designate another. If the 
district possesses no school-house, or if the school-house 
shall be no longer accessible, then the annual meeting shall 
be held at such place as the trustees, or, if there be no 
trustee, the clerk shall designate in the notice. 

§ 10. "Whenever the time for holding the annual meet- ^° e c n ed t u h r | 
iner in school districts, shall pass without such meeting annual meet- 

_S 1 L 5 i n g has not 

* As amended by sec. 7, chap. 647, Laws of 1865, and by sec. 2, chap. 413, Laws of been held. 
1883, and by sec. 2 of chap. 245, Laws of 1889, and by sec. 3, chap. 500, Laws of 1893. 

t As amended by see. 16, chap. 567, Laws of 1875, and by sec. 3, chap. 413, Laws 
of 1883, and by sec. 3, of chap. 245, Laws of 1889, and by sec. 4, chap. 500, Laws of 1893. 



38 



Consolidated School Act of 1864. 



TITLE 



Duty of 
inhabitants 
when meet- 
ing is called. 



Voters; their 
qualifica- 
tions. 



Unqualified 
voters. 

Challenge. 



being held in any district, a special meeting shall there- 
after be called by the trustees or by the clerk of such 
district for the purpose of transacting the business of the 
annual meeting ; and if no such meeting be called by the 
trustees or the clerk within twenty days after such time 
shall have passed, the supervisor or the superintendent of 
public instruction may order any inhabitant of such dis- 
trict to give notice of such meeting in the manner pro- 
vided in the second section of this title, and the officers 
of the district shall make to such meeting the reports 
required to be made at the annual meeting, subject to the 
same penalty in case of neglect ; and the officers elected at 
such meeting shall hold their respective offices only until 
the next annual meeting and until their successors are 
elected and shall have qualified as in this act provided. 

§ 11. Whenever any district or neighborhood meeting 
shall be duly called, it shall be the duty of the inhabitants 
qualified to vote thereat, to assemble at the time and place 
fixed for the meeting. . 

* § 12. Every person of full age residing in any neigh- 
borhood or school district, and entitled to hold lands in 
this state, who owns or hires real property in such neigh- 
borhood or school district liable to taxation for school pur- 
poses, and every resident of such neighborhood or district 
who is a citizen of the United States above the age of 
twenty-one years, and who is the parent of a child or 
children of school age, some one or more of whom shall 
have attended the district school for a period of at least 
eight weeks within one year preceding, and every such 
person not being the parent who shall have permanently 
residing with him or her such child or children, and every 
such resident and citizen as aforesaid, who owns any per- 
sonal property assessed on the last preceding assessment- 
roll of the town, exceeding fifty dollars in value, exclusive 
of such as is exempt from execution, and no other, shall 
be entitled to vote at any school meeting held in such 
neighborhood or district. 

§ 13. If any person offering to vote at any neighbor- 
hood or school district meeting shall be challenged as 
unqualified, by any legal voter in such neighborhood or 
district, the chairman presiding at such meeting shall 
require the person so offering, to make the following 
declaration : " I do declare and affirm that I am an actual 
resident of this school district (or separate neighborhood), 
and that I am qualified to vote at this meeting." And 

*As amended by sec. 7, chap. 406, Laws of 1867, and bv sec. 2, chap. 492. Laws of 
1881, and by see. 1, chap. 655, Laws of 188G. 



Of School Districts, Meetings, etc. 89 

TTTT ~W 7 

every person making such declaration shall be permitted Declarations, 
to vote on all questions proposed at such meeting ; but if 
any person shall refuse to make such declaration, his vote 
shall be rejected. 

* § 14. Any person who, upon being so challenged, shall illegal vot- 
willfully make a false declaration of his right to vote at in? ' etc " 
any such meeting, shall be deemed guilty of a mis- 
demeanor, and punished by imprisonment in the county 

jail for not less than six months nor more than one year. 
And any person not qualified to vote at any such meeting, 
who shall vote thereat, shall thereby forfeit five dollars, 
to be sued for by the supervisor for the benefit of the 
common schools of the town. 

§ 15. The inhabitants of any neighborhood entitled to Powers of 

Y i i i i ■ t i , • ,i neighborhood 

vote, when assembled in any annual meeting or any other meeting, 
neighborhood meeting duly called by the commissioner, 
pursuant to the first or third sections of this title, shall 
have power by a majority of the votes of those present : 

1. To appoint a chairman for the time being. 

2. To choose a neighborhood clerk and one trustee, and 
to fill vacancies in office. 

§ 16. The inhabitants so entitled to vote, when duly Powers of 
assembled in any district meeting, shall have power, by meeting. 
a majority of the votes of those present : 

1. To appoint a chairman for the time being. 

2. If the district clerk be absent to appoint a clerk for 
the time. 

3. To adjourn from time to time as occasion may require. 
I"f4r. To choose one or three trustees as hereinafter 

provided, a district clerk, a district collector, a librarian, 
at their first meeting, and so often as such offices or any 
of them become vacated, except as hereinafter provided. 
Said district officers shall be elected by ballot. The per- 
sons having the majority of votes, respectively, for the 
severed offices, shall be elected, except in school districts in 
which the election of officers is made under and pursuant 
to the provisions of chapter two hundred and forty-eight 
of the Laws of eighteen hundred and seventy-eight, and 
the acts amendatory thereof. 

5. To fix the amount in which the collector shall give Amountof 
bail for the due and faithful performance of the duties of D aii!f tor,B 
his office. 

* Note.— See chap. 692, Laws of 1893, to take effect Oct. 1, 1893, amending Penal 
Code. § 41k, subdivision. 18, willfully makes a false declaration of his right to vote 
at a neighborhood or school district meeting, after his right to vote thereat chal- 
lenged, is guilty of a misdemeanor. 

\ As amended by sec. 5, chap. 500, Laws of 1893. 

t Note. — In relation to election of trustees in districts having over 300 children 
of school age, see chap. 248, Laws of 1878, page 129, post. 



40 



TITLE 7. 
Sites. 



Tax for 
sites, etc. 



Tax for ap- 
paratus and 
text-books. 



Tax for dis- 
trict library. 



For defi- 
ciency. 



Insurance on 
school-house. 



To replace 
moneys em- 
bezzled; and 
to pay costs 
of suits and 
appeals. 



Tax for con- 
tingencies. 



Tax for 
teachers' 
wages. 



Consolidate© School .Actof 1864:. 

* 6. To designate a site for a school-house, or, with the 
consent of the commissioner or commissioners within 
whose district or districts the school district lies, to desig- 
nate sites for two or more school-houses for the district. _ 

f 7. To vote a tax upon the taxable property of the dis- 
trict, to purchase, lease or improve such site or sites, and 
to hire, build or purchase such school-houses, and to keep 
in repair and furnish the same with necessary fuel and 
appendages. 

8. To vote a tax, not exceeding twenty-five dollars in 
any one year, for the purchase of maps, globes, black- 
boards and other school apparatus, and for the purchase 
of text-books and other school necessaries for the use of 
poor scholars of the district. 

X 9. To vote a tax, not exceeding ten cioiiars in any one 
year, for the purchase of such books as they shall direct 
for the district library, and such further sum as they may 
deem necessary for the purchase of a book-case. 

10. To vote a tax to supply a deficiency in any former 
tax arising from such tax, being, in whole or in part, 
uncollectible. 

11. To authorize the trustees to cause the school-house 
or school-houses, and their furniture, appendages and 
school apparatus to be insured by any insurance com- 
pany created by or under the laws of this state. 

12. To alter, repeal and modify their proceedings from 
time to time, as occasion may require. 

13. To vote a tax for the purchase of a book for the 
purpose of recording their proceedings. 

14. To vote a tax to replace moneys of the district, lost 
or embezzled by district officers ; and to pay the reasonable 
expenses incurred by district officers in defending suits or 
appeals brought against them for their official acts, or in 
prosecuting suits or appeals by direction of the district 
against other parties. 

15. To vote a tax, not exceeding twenty-five dollars in 
each year, for anticipated deficiencies or contingencies, or 
to pay the wages of teachers in anticipation of the ordi- 
nary collections for that purpose, to be replaced by such 
collections when made. 

I 16. To vote a tax to pay whatever deficiency there- 
may be in teachers' wages after the public money appor- 

* Note. — To acquire title to sites, see chap. 800, Laws of 1866, as amended, on 
page 122, post. 
t As amended by sec. 7, chap. 567, Laws of 1875. 

% See title 8. as adopted by chap. 573, Laws of 1892, relative to libraries. 
[ This subdivision added by sec. S. «hap. 406, Laws of 1867. 



Of School Districts, Meetings, etc. 41 

TTTT "F 1 7 

tioned to the district shall have been applied thereto ; but 
if the inhabitants shall neglect or refuse to vote a tax for 
this purpose, or if they shall vote a tax which shall prove 
insufficient to cover such deficiency, then the trustees are 
authorized, and it is hereby made their duty, to raise by 
district tax, any reasonable sum that may be necessary to 
pay the balance of teachers' wages remaining unpaid, the 
same as if such tax had been authorized by a vote of the 
inhabitants. 

* 17. To Vote a tax to pay and satisfy of record any Tax to pay 
judgment or judgments of a competent court which may teachers' ° r 
have been or shall hereafter be obtained in an action wages. 
against the trustees of the district for unpaid teachers' 
wages, against the trustees of the district where the time 
to appeal from said judgment or judgments shall have 
lapsed, or there shall be no intent to appeal on the part of 
such district, or the said judgment or judgments is or are 
or shall be of the court of highest resort ; but if the inhab- Trustees to 
itants shall neglect or refuse to vote a tax for this purpose ouYvoteoV 1 
or if they vote a tax which shall prove insufficient to distnct - 
fully satisfy said judgment or judgments, then the trustees 
are authorized and it is hereby made their duty to raise 
by district tax the amount of said judgment or judgments 
or the deficiency which may exist in any tax voted by 
said inhabitants to pay said judgment or judgments, the 
same as if such tax had been authorized by a vote of the 
inhabitants, and the trustees are hereby authorized and Trustees to 
it is hereby made their duty forthwith, after the expira- cal1 meetin s- 
tion of thirty days from notice of any judgment or judg- 
ments having been entered against the district or the 
trustees thereof for unpaid teachers' wages, to call a meet- 
ing of the inhabitants of said district, who shall have 
power as aforesaid to vote a tax to pay said judgment or 
judgments, and in case they refuse or neglect to do so, 
the trustees are authorized, and it is hereby made their 
duty, unless said judgment or judgments are appealed 
from, to raise by district tax the amount of said judgment 
or judgments as hereinbefore provided. 

1" 18. In all propositions arising at said district meet- Method of 
ings involving the expenditure of money, or authorizing propositions 
the levy of a tax or taxes, the vote thereon shall he by [„r e olmoney 
ballot, or ascertained by taking and recording the ayes ? nd autnoriz- 
and noes of such qualified voters attending and voting at o" S a tax. ev 
such district meetings. 

*ThisJsubdivision added by sec. 1, chap. 632, Laws of 1881. 
f Added to section 16 by sec. 6, chap. 500, Laws of 1893. 



42 Consolidated School Act of 1864. 



TITLE 7. 



Second Article. 
Of district school-houses and sites. 

loraSnof. 80 ' § IT. No school-hoase shall be built so as to stand, in 
whole or in part, upon the division line of any two towns. 

StTrbuIfd- * § 18> No tax voted b > Ta district meeting for building, 
ing school- hiring or purchasing a school-house, exceeding the sum of 
ing $5oo with- five hundred dollars, shall be levied by the trustees unless 
of echooicom- tne commissioner in whose district the school-house of 
miusioner. said district is situated shall certify , in writing, his approval 
Plans to be of such larger sum. And no school-house shall be built 
approved. ^ ar) y sctiool district of this State until the plan of such 
school-house, so far as ventilation, heat and lighting is 
concerned, shall be approved in writing by said school 
commissioner. But nothing herein contained shall invali- 
date any tax that shall or may be hereafter levied for 
building or repairing school-houses which in other respects 
comply with existing statutes, f 
Tax may be ±8 19. Whenever a majority of all the inhabitants of 

levied m in- T « • i -i ,; • 

etaiiments. any school district entitled to vote, to be ascertained by 
taking and recording the ayes and noes of such inhab- 
itants attending at any annual, special or adjourned school 
district meeting, legally called or held, shall determine 
that the sum proposed and provided for in the next pre- 
ceding section shall be raised by installments, it shall be 
the duty of the trustees of such district, and they are 
hereby authorized to cause the same to be raised, levied 
and collected in equal installments in the same manner and 
with the like authority that other school taxes are raised, 
levied and collected, and to make out their tax list and 
warrant for the collection of such installments, with 
interest thereon, as they become payable, according to the 
vote of the said inhabitants ; but the payment or collec- 
tion of the last installment shall not be extended beyond 
ten years from the time such vote was taken ; and no 
vote to levy any such tax shall be reconsidered except at 
an adjourned, general or special meeting to be held within 
thirty days thereafter, and the same majority shall be 
required for reconsideration that was had to impose such 

Trustees may tax. For the purpose of giving effect to these provisions, 
trustees are hereby authorized, whenever a tax shall have 
been voted to be collected in installments for the purpose 

* As amended by sec. 9, chap. 406, Laws of 1867, and by sec. 1, chap. 528, Laws of 
1881, and by sec. 1, chap. 394, Laws of 1S83. 

t Plans for school buildings will be furnished. See chap. 675, Laws of 1887, on 
page 132, post. 

% As amended by sec. 18, chap. 567. Laws of 1875, and by sec. 2, chap. 528, Laws 
of 1881. 



Of District School-houses and Sites. 43 



TITT "F 7 

of building a new school-house, to borrow so much of 
the sum voted as may be necessary, at a rate of interest 
not exceeding six per cent, and to issue bonds or other May issue 
evidences of indebtedness therefor which shall be a 
charge upon the district, and be paid at maturity and 
which shall not be sold below par ; due notice of the 
time and place of the sale of such bonds shall be given 
at least ten days prior thereto. 

* § 20. So long as a district shall remain unaltered, the Provisions in 
site of a school-bouse owned by it, upon which there is a change of 
school -house erected or in process of erection, shall not g^ 001 " 1101186 
be changed, nor such school-house be removed, unless by 

the consent, in writing, of the school commissioner hav- 
ing jurisdiction ; nor with such consent, unless a majority 
of all the legal voters of said district present and voting, 
to be ascertained by taking and recording the ayes and 
noes, at a special meeting called for that purpose, shall be 
in favor of such new site. 

§ 21. Whenever the site of a school-house shall have ppft^^of 
been changed, as herein provided, the inhabitants of a lot and appur- 
district entitled to vote, lawfully assembled at any district tenauces - 
meeting, shall have power, by a majority of the votes of 
those present, to direct the sale of the former site or lot, 

. and the buildings thereon and appurtenances or any part 
thereof, at such price and upon such terms as they shall 
deem proper ; and any deed duly executed by the trustees 
of such district, or a majority of them, in pursuance of 

, such direction, shall be valid and effectual to pass all the 
estate or interest of such school district in the premises, 
and when a credit shall be directed to be given upon such t s ^ u c ^ id f °r a . 
sale for the consideration money, or any part thereof, the tion money, 
trustees are hereby authorized to take in their corporate 
name such security by bond and mortgage, or otherwise, 
for the payment thereof, as they shall deem best, and shall 
hold the same as a corporation, and account therefor to 
their successors in office and to the district, in the manner 
they are now required by law to account for moneys 
received by them ; and the trustees of any such district for 
the time being may, in their name of office, sue for and 
recover the moneys due and unpaid upon any security so 
taken by them or their predecessors. 

§ 22. All moneys arising from any sale made in pur- M ° n f e r y^[ h s e ' 
suance of the last preceding section shall be applied to safe to be ap- 
the expenses incurred in procuring a new site, and in ff uses?etc W 

* As amended by sec. 8, chap. 647, Laws of 1865, and by sec. 4, of chap. 331, Laws 
of 1888.; 



44 



Consolidated School Act of 1864. 



TITLE 



Trustees who 
may not hold 
the offlee of. 



District 
officer must 
reside in the 
district. 

Terms of 
office. 



Officers ol 
new districts. 



School trus- 
tees, number, 
how fixed 
and elected. 



Annual 
elections. 



removing or erecting thereon a school-bouse and improv- 
ing and furnishing such site and house, and their append- 
ages, so far as such application shall be necessary ; and 
the surplus, if any, shall be devoted to the purchase of 
school apparatus and the support of the school, as the 
inhabitants at any annual meeting shall direct. 

Third Article. 

Of the qualification, election, choice and terms of office 
of district and neigliborhood officer 's," and of vacancies 
in such offices. 

§ 23. No school commissioner or supervisor is eligible 
to the office of trustee, nor can either be a member of 
any board of education within his district or town ; and 
no trustee can hold the office of district clerk, collector 
or librarian. 

* § 24. Every district and neighborhood officer must be 
a resident of his district or neighborhood, and qualified 
to vote at its meetings. 

§ 25. From one annual meeting to the next is a year, 
within the meaning of the following provisions : The 
term of office of a trustee of a neighborhood, and a sole 
trustee of a district is one year. The full term of a joint 
trustee is three years, but a joint trustee may be elected 
for one or two years as herein provided. The term of 
office of all other district and neighborhood officers is one 
year. Every district and neighborhood officer shall hold 
his office unless removed, during his term of office, and 
until his successor shall be elected or appointed. 

f § 26. The terms of all officers elected at the first meet- 
ing of a newly erected neighborhood or district, except of 
a union free school district, shall expire on the foicrth 
Tuesday of August, next thereafter. 

X § 27. On the fourth Tuesday of August next after the 
erection of a district, at its first annual meeting, the 
electors shall determine by resolution, whether the dis- 
trict shall have one or three trustees, and if they resolve 
to have three trustees, shall elect the three for one, two 
and three years, respectively, and shall designate by their 
votes, for which term each is elected ; thereafter in such 
district, one trustee shall be elected at each annual meeting 

*See also chap. 9. Laws of 1880, on page 150, post, entitled "An act to declare 
women eligible to serve as school trustees." 

t As amended by sec. 4, chap. 413, Laws of 1883, and by sec. 4 of chap. S45 Laws 
of 1889, and by sec. 7, chap. 50U, Laws of 1893. 

% As amended by chap. 173, Laws of 1878, and by sec. 5, chap. 413, Laws of 1883, 
and by sec. 5 of chap. 245, Laws of 1889. and by sec. 8, chap. 500, Laws of 1893. 



Of the Qualifications, etc., of School Officers. 45 



to fill the office of the outgoing trustee. The electors of N Jmberf how 
any district having three trustees, shall have power to reduced.' 
decide by resolution, at any annual meeting, whether 
the district shall have a sole trustee or three trustees, and 
if they resolve to have a sole trustee, the trustee or 
trustees in office shall continue in office until their term 
or terms of office shall expire, and no election of a trustee 
shall be had in the district until the offices of such 
trustee or trustees shall become vacant by the expiration 
of their terms of office or otherwise, and thereafter but 
one trustee shall be elected for said district, until the 
electors of a district having decided to have but one Number, how 
trustee shall determine at an annual meeting, by a two- lucrease • 
thirds vote of the legal voters present thereat, to have 
three trustees ; in which case they shall, upon the adoption 
of such resolution, proceed to elect three trustees or such 
number as may be necessary to form a board of three 
trustees, in the same manner as provided in this section 
for the election of three trustees at the first annual meet- 
ing after the erection of a district; and thereafter in such 
district, one trustee shall be elected for three years, at 
each annual meeting, to fill the office of the outgoing 
trustee. 

* § 28. It shall be the duty of the district clerk, and of Jg* to^ 
the neighborhood clerk, or of any person who shall act as sons elected 
clerk at any district or neighborhood meeting, when any to ° mce " 
officer shall be elected, forthwith to give the person 
elected notice thereof in writing ; and such person shall tn^einslh 
be deemed to have accepted the office, unless, within five 
days after the service of such notice, he shall file his 
written refusal of it with the clerk. The presence of any 
such person at the meeting which elects him to office, shall 
be deemed a sufficient notice to him of his election. 

§ 29. The collector vacates his office bv not executing collector 

ii i i • n • i iji vacates his 

a bond to the trustees, as hereinafter required, and the office by not 
trustees may supply the vacancy. bon C d UtlDS 

f § 30. In case the office of a trustee shall be vacated by ^cancy in 
his death, refusal to serve, incapacity, removal from the trustee, how 
district or neighborhood, or by his being removed from fi 
the office, or in any other manner, and the vacancy be 
not supplied by a district or neighborhood meeting within 
one month thereafter, the school commissioner of the 
commissioner district, within which the school-house or 
principal school-house of the district is, or within which 

"* As amended by sec. 11, chap 406, Laws of 1867. 
t As amended by sec. 7 of chap. 331, Laws of 1888. 



4(3 Consolidated School Act of 1S6-A. 



TITLE ** 

the neighborhood or any part thereof is, may, by a writing 
under his hand, appoint a competent person to fill it. 
dut gle or 0f § ^ trustee wno publicly declares that he will not 

refusal to accept or serve in the office of trustee, or who refuses or 
office. vacates neglects to attend three successive meetings of the board, 
of which he is duly notified, without rendering a good and 
valid excuse therefor to the other trustees, or trustee, where 
there are but two, vacates his office by refusal to serve. 
fliuacaucieY § 32. Any vacancy in the office of district clerk, col- 
offl° ther lector, or librarian, may be supplied by appointment under 
the hands of the trustees of the district, or a majority of 
them, and the appointees shall hold their respective offices 
until the next annual meeting of the district, and until 
others are elected and take their places. 
toTaied 6111 *§ 33 - Every appointment to fill a vacancy shall be 
with district forthwith filed, by the commissioner or trustees making 
it, in the office of the district clerk, who shall immediately 
give notice of the appointment to the person appointed. 
re e fu a ait'to 0r § 34. Every person chosen or appointed to a school 
j^-vft or neg- district office, who, being duly qualified to fill the same, 
shall refuse to serve therein, shall forfeit five dollars ; and 
every person so chosen or appointed, who, not having 
refused to accept the office, shall willfully neglect or refuse 
to perform any duty thereof, shall by such neglect or 
refusal vacate his office and shall forfeit the sum of ten 
dollars. These penalties are for the benefit of common 
schools of the town. 
m'ieskJifeT" t § 35. But the commissioner of the district wherein 
resignation an y sucn P erson resides may accept his written resignation 
of the office, and the filing of such resignation and accept- 
ance in the office of the district clerk shall be a bar to the 
recovery of either penalty in the last preceding section 
^ a ™g y t ^® clig _ mentioned ; or such resignation may be made to and 
trict meeting, accepted by a district meeting. 

Fourth Article. 

Of the duties of the neighborhood clerk ; and of the 

district clerk and librarian. 

?e U ighb o f r- § 36. The neighborhood clerk shall keep a record of the 

hood clerk proceedings of his neighborhood, and of the reports of 

the trustee, and deliver the same to his successor. In case 

such neighborhood shall be annexed to a district within 

the state, its records shall be filed in the office of the clerk 

of such district. 

* As amended by sec. 8 of chap. 331, Laws of 1888. 
t As amended by sec. 9, chap. 331, Laws of 188S. 



Duties of ,Clerks and Librarian. 47 



§ 37. It shall be the duty of the clerk of each school cierk of 
district : trict5 nis 

1. To record the proceedings of his district in a book duties. 

to be provided for that purpose by the district, and to proceedings 
enter therein true copies of all reports made by the trus- rg^,?." 1 - 61 " 
tees to the school commissioner. record book. 

2. To give notice, in the manner prescribed by the To give notice 
sixth section of this title, or by the inhabitants, pursuant 

to such section, of the time and place of holding special 
district meetings called by the trustees. 

3. To affix a notice in writing of the time and place of £° ti *f^ f 
any adjourned meeting, when the meeting shall have adjourned 
been adjourned for a longer time than one month, in at mee ing- 
least four of the most public places of such district, at least 

five days before the time appointed for such adjourned 
meeting. 

4. To give the like notice of every annual district 
meeting. 

* 5. To give notice immediately tu every person elected ^ ° n n £] e f c ^ e p d er " 
or appointed to office of his election or appointment ; and and report the 
also to report to the town clerk of the town in which the post-office 
school-house of his district is situated, the names and post- tuc^officerf 
office address of such officers, under a penalty of five t0 town clerk - 
dollars for neglect in each instance. 

6. To notify the trustees of every resignation duly resignations 
accepted by the supervisor. 

7. To keep and preserve all records, books and papers To ke J e P a11 J 

* * *- records unci 

belonging to his office and to deliver the same to his sue- penalty for 
cessor. For a refusal or a neglect so to do, he shall forfeit neglect - 
fifty dollars for the benefit of the district, to be recovered 
by the trustees. 

8. In case his district shall be dissolved, to obey the 
order of the commissioner or commissioners as to deposit- 
ing the books, papers and records of his office in the town 
clerk's office. 

9. To attend all meetings of the board of trustees when mee^Vn^of 1 
notified, and keep a record of their proceedings in a book trustees. 
provided for that purpose. 

10. To call special meetings of the inhabitants when- To cal1 8 P ecial 

n i r l t i n i i meetings. 

ever all the trustees of the district shall have vacated 
their office. 

§ 38. The librarian, subject to the provisions of this Librarian - 
act, shall have the charge and supervision of the district 
library. 

* As amended by sec. 10, chap. 647, Laws of 1865. 



48 



Consolidated School Act of 1864. 



TITLE 7. 



Schools free 
to pupils over 
five and under 
twenty-one 
years. 
Non-resi- 
dents may be 
admitted. 



Tuition of 

non-resident 

pupils. 



No Indian 

pupils 

admitted. 



Qualified 
teachers, 
what con- 
stitutes. 



Unqualified 
teachers can- 
not be paid 
by public 
money or 
district tax. 



Fifth Article. 
Of the pupils and teachers. 

* § 39. Common schools in the several school districts 
of this state shall be free to all persons over five and 
under twenty-one years of age residing in the district as 
hereinafter provided ; but non-residents of a district, if 
otherwise competent, may be admitted into the school of 
a district, with the written consent of the trustees, or of a 
majority of them, upon such terms as the trustees shall 
prescribe ; provided that if such non-reeident pupils, their 
parents or guardians shall be liable to be taxed for the 
support of said schools in the district, on account of own- 
ing property therein, the amount of any such tax paid by 
a "non-resident pupil, his parent or guardian, during the 
current school year, shall be deducted from the charge 
for tuition, f X || 

§ 40. If a school district include a portion of an Indian 
reservation, whereon a school for Indian children has been 
established by the superintendent of public instruction, 
and is taught, the school of the district is not free to 
Indian children resident in the district or on the reserva- 
tion, nor shall they be admitted to such school except by 
the permission of the superintendent. 

**§ 41. No teacher is a qualified one, within the mean- 
ing of this act, unless he possesses an unannulled diploma 
granted to him by the state normal school, or an unre- 
voked and unannulled certificate of qualification given to 
him by the superintendent of public instruction, or an 
unexpired certificate of qualification given to him by the 
school commissioner within whose district he is employed 
or by the school officer of the city or village in which he is 
employed, authorized by special act to grant such certifi- 
cate. After August twentieth, eighteen hundred and 
eighty-five, no person shall be deemed to be qualified who 
is under the age of sixteen years.ff 

XX § 42. No part of the school moneys apportioned to 
a district can be applied or permitted to be applied to the 
payment of the wages of an unqualified teacher nor can 

♦As amended by sec. 3, cbap. 528, Laws of 1881. 

+ Note. — Compulsory education act on page 95, post. 

% Notb.— Vaccination of children. See chap.661 , Laws of 1893, on page 13S, post. 

I Note.— See chap. 413, Laws of 1884, page 134, post. 

** As amended by 6ec. 7, chap. 340, Laws of 1885. 

tt Notk.— Examination in physiology and hygiene required by chap. 30, Laws ot 
1884, on page 150, post. 

%% As amended by sec. 12, chap. 406, Laws of 1867. 

Note.— When children may be taught in an adjoining district. See chap. 219, 
Laws of 1877, on page 133, post. 



Of the Trustees, their Powers and Duties. 49 



title 7. 



his wages, or any part of them, be collected by a district 
tax. 

§ 43. Any trustee who applies, or directs, or consents ^^ pay- 
to the application of any such money to the payment of unqualified 
an unqualified teacher's wages, thereby commits a misde- mfsde™ a 
meanor ; and any fine imposed upon him therefor shall be meanor - 
for the benefit of the common schools of the county. 

§ 44. Teachers shall keep, prepare and enter in the ^|| ch ]f^ s § 
books provided for that purpose, the school lists and attendance, 
accounts of attendance hereinafter mentioned, and shall be 
responsible for their safe-keeping and delivery to the 
clerk of the district at the close of their engagements or , 
terms. 

Sixth]|Article. 

Of the^trustees, their powers and duties • and of school 
taxes and annual reports. 

§ 45. All property which is now vested in, or shall <H™rict%rop* 
hereafter be transferred to the trustee or trustees of a erty as a 
district, for the use of schools in the district, shall be held coipor 
by him or them as a corporation. 

§ 46. A sole trustee of the district shall have all the 4 e 8 °nL tr the 
powers, and be subject to all the duties, liabilities and same power 
penalties conferred and imposed by law upon or against as a board " 
any trustee or trustees, or the majority of the trustees, of 
a district. 

§ 47. The trustees of a district compose a board, and ^f^f^ 
when two only meet to deliberate upon a matter, and the for official 
third, if notified, does not attend, or the three meet and actl0n - 
deliberate thereon, the conclusion of two upon the matter, 
and their order, act or proceeding in relation thereto, shall 
be as valid as though it were the conclusion, order, act or 
proceeding of the three ; and a recital of the two in their 
minute of the conclusion, act or proceeding, or in their 
order, act or proceeding of the fact of such notice, or of 
such meeting and deliberation, shall be conclusive evidence 
thereof. A meeting of the board may be ordered by any Any member 
member thereof, by giving not less than twenty-four hours' may h ca b i°a rd 
notice of the same. meeting. 

§ 48. While there is one vacancy in the office of trustee, when there 
the two trustees have all the powers and are subject to fn e th a e° a wd 
all the duties and liabilities of the three. And while trusteTo r nins 
there are two such vacancies, the trustee in office shall trustees 
have all the powers and be subject to all the duties and may ac 
liabilities of the three, as though he were a sole trustee. 
4 



50 



TITLE 7. 
Powers and 
duties of 
trustees. 
To call spe- 
cial meetings. 

To give 
notice iu cer- 
tain cases. 



To make out 
tax lists. 



To issue 
warrant for 
collection. 



To purchase 
or lease 
sites, etc. 



To have cus- 
tody of the 
school-house. 

To insure 

school-house, 

etc. 



To insure 
library. 



To contract 
with aDd em- 
ploy teachers. 



Consolidated School Act of 1864. 

* § 49. It shall be the duty of the trustees of every 
school district, and they shall have power : 

1. To call special meetings of the inhabitants of such 
districts whenever they shall deem it necessary and proper. 

2. To give notice of special, annual and adjourned 
meetings in the manner prescribed in the sixth section of 
this title, if there be no clerk of the district, or he be absent 
or incapable of acting, or shall refuse to act. 

3. To make out a tax list of every district tax voted 
by any such meeting, or authorized by law, containing 
the names of all the taxable inhabitants residing in the 
district at the time of making out the list, and the amount 
of tax payable by each inhabitant, set opposite to his name. 

4. To annex to such tax list a warrant, directed to the 
collector of the district, for the collection of the sums in 
such list mentioned. 

f 5. To purchase or lease a site for the district school- 
house or school-houses, as designated by a meeting of the 
district, and to build, hire or purchase such school-house 
as may be so designated, and to keep in repair and furnish 
such school-house with necessary fuel and appendages 
and to pay the expense thereof by tax, but such expense 
shall not exceed fifty dollars in any one year, unless 
authorized by the district or by law4 

6. To have the custody and safe-keeping of the district 
school-house or houses, their sites and appurtenances. 

7. When thereto authorized by a meeting of the dis- 
trict to insure the school-house or school-houses, and their 
furniture, and the school apparatus, in some company 
created by or under the laws of this state, and to comply, 
with the conditions of the policy, and raise the premiums 
by a district tax. 

8. To insure the district library in such a company in a 
sum fixed by a district meeting, and to raise the premium by 
a district tax, and comply with the conditions of the policy. 

1 9. To contract with and employ all teachers in the 
district school or schools, but no person who is within two 
degrees of relationship by blood or marriage to any such 
trustee shall be so employed, except with the approval of 
two-thirds of the voters of such district present and voting 
upon the question at an annual or special meeting of the 
district ; nor shall an} 7 sole trustee of a district make any 
contract for the employment of a teacher in and for said 

* As amended by sec. 13, chap. 406, Laws of 1867. 

t As amended by sec. 13, chap. 406. Laws of 1S67. 

jpians for school buildings provided. See chap. 675, Laws of 1867, on page 132, post. 

|| As amended by section 9, chapter 647, Laws of 1865, and by chapter 264, Laws 
of 1879 ind by section 2 of chapter 328, Laws of 1889, and by section 1, chapter 73, 
Laws, of 1890. 



Of the Trustees, their Powers and Duties. 51 

school district beyond the close of the school term com- 
mencing next preceding the expiration of his term of 
office, and continuing not longer than sixteen weeks, 
except with the approval of a majority of the voters of 
such district present and voting upon the question at any 
annual or special meeting of the district ; nor shall the 
trustees of any school district, having three or more 
trustees, make any contract for the employment of a 
teacher or teachers for more than one year in advance. 
Nor shall any trustee or trustees, employ any teacher for 
a shorter time than ten weeks unless for the purpose of 
filling out an unexpired term of school ; nor shall any 
teacher be dismissed in the course of a term of employ- 
ment, except for reasons which, if appealed to the super- 
intendent of public instruction, shall be held to be suffi- 
cient cause for such dismissal. Any failure on the part 
of a teacher to complete an agreement to teach a term of 
school without good reason therefor, shall be deemed 
sufficient ground for the revocation of the teacher's certifi- 
cate. Any person employed in disregard of the fore- 
going provisions shall have no claim for wages against the 
district, but may enforce the specific contract made against 
the trustee or trustees consenting to such employment as 
individuals. * 

f 10. To pay, towards the wages of such teachers as are payment of 
qualified, the public moneys apportioned to the district ^g 8 ers ' 
and legally applicable thereto, by giving them orders there- 
for on the supervisor, or on the collector of such district 
when duly qualified to receive and disburse the same, and 
to collect, as herein provided, the residue of such wages 
by direct tax. But no trustee shall issue any order or draw orders for 
a draft upon a supervisor or collector for any money unless when y not 
there shall be at the time a sufficient amount of money in t0 iS8ue - 
the hands of such supervisor or collector belonging to the 
district, to meet such order or draft, and a violation of Mi8de . 
this provision by any trustee shall be a misdemeanor and meanor. 
punishable as such. If, at the time of the employment of District 
a qualified teacher for a term of school, there shall be no teachers' 
public moneys in the hands of the district collector wages 

* i ■ i " i c i i • <• when to ■ 

applicable to the payment of teachers wages, or it there collect, 
shall not be a sufficient amount in the hands of both 

* Note. — Written contracts required. Chap. 335, Laws of 1887, on page 134. post. 

t As amended by section 10 of chapter 331, Laws of 1S88, and by section 3 of 
chapter 328, Laws of 1889, and by sec. 2, chap. 175, Laws of 1S90. 

+ Note.— See chap. 692, Laws of 1893, to take effect Oct. 1, 1893, amending Penal 
Code. 

§ 485a. School district trustee not to draw draft on supervisor in certain cases.— 
A school district trustee who issues an order or draws a draft on a supervisor or 
collector for any money, unless there is at the time sufficient money in the hands 
of such supervisor or collector belonging to the district to meet such order or draft, 
is guilty of a misdemeanor. 



52 



TITLE 7. 



To divide the 
public money 
into equal 
parts for 
each term. 



To pay li- 
brary money 
for teachers' 
wages when 
less than $3. 
Drawing of 
moneys. 



Balance 
of wages, 
collection 
of, by tax. 



Orders on 

collector 

therefor. 



When for- 
bidden, 
etc. 



Moneys 
trnstecs can 
expend with- 
out vote of 
district 
meeting. 



Consolidated School Act of 1864. 

officers to enable the trustee or trustees to pay the teachers' 
wages as they fall due, and the district meeting has failed 
or neglected to authorize a tax to pay the same, the trustee 
or trustees of such school district are hereby authorized 
and empowered, and it shall be their duty, to collect by 
district tax an amount sufficient to pay the wages of such 
teacher for such term, but not to exceed four months in 
advance. * 

f 11. To divide such public moneys apportioned to the 
district, whenever authorized by a vote of their district 
into two or more portions for each year ; to assign and 
apply one of such portions to each term during which a 
school shall be kept in such district, for the payment of 
teachers' wages during such term ; and to collect the 
residue of such wages not paid by the proportion of 
public money allotted for that purpose, by district tax 
as herein provided. 

12. If the library money apportioned to the district be 
less than three dollars, to apply it to the payment of 
teachers' wages. 

^13. To draw upon the supervisor or the collector 
when duly qualified, to receive and disburse the same, for 
the school and library moneys, in the manner and form 
prescribed by subdivisions one and two of section six of 
title four of this act. 

I 14. After having paid toward the wages of such 
teachers as are qualified the public moneys of the district 
legally applicable thereto, by giving them orders on the 
supervisor or collector therefor, to collect the residue of 
such wages by a district tax, or, if the same shall have 
been already collected, to give such teacher an order on 
the district collector for the balance of his or her wages 
still remaining unpaid. But it shall be a misdemeanor, 
and punishable as such, for a trustee to give an order 
upon the collector unless there shall be in the hands of 
the collector at the time sufficient money belonging to the 
district to meet the same. 

1" § SO. The trustees may expend in necessary and proper 
repairs of each school-house under their charge a sum not 
exceeding twenty dollars in any one year ; and they may 

* Notk.-— Teachers to be paid as often as once each month. See chap. 335, Laws 
of 1887, on page 134, post. 

t As amended by sec. 13, chap. 406, Laws of 1867. 

X As amended by sec. 3, chap. 175, Laws of 1890. 

H As amended by sec. 13, chap. 406, Laws of 1867, and by sec. 11 of chap. 331, Laws 
of 1888. and by sec. 4, chap. 175, Laws of 1890. 

5 As amended by sec. 14, chap. 406, Laws of 1867, and by sec. 19, chap. 567, Laws 
of 1875; by sec. 1. chap. 179, Laws of 18S4, and sec. 1, chap. 292, Laws of 1886, and 
by sec. 9, chap. 500, Laws of 1893. 



Or the Trustees, their Powers and Duties. 53 

'PT'PT TT 7 

also expend a sum, not exceeding' fifty dollars, in the erec- 
tion of necessary outbuildings, when the district is wholly Repairs, 
unprovided with such buildings, upon the direction of the Outbuildings, 
school commissioner in whose district such school-house is 
situated, or of the state superintendent of public instruc- 
tion. They may also make any repairs, and abate any Nuisances, 
nuisances, pursuant to the direction of the school commis- 
sioner as hereinbefore provided, and provide fuel, pails, 
brooms and other implements necessary to keep the school- 
house or houses clean and make them reasonably comfort- 
able for use, and not provided for by a vote of the district ; 
and may also provide for building fires and cleaning the Fue! > etc - 
school-room by arrangement with the teacher or otherwise. gchooi°lom. 
They shall provide the bound blank-books for the entering Books for 
of their accounts and the keeping of the school lists, the accounts, 
records of the district and the proceedings of district and 
trustee meetings, and they may expend in the purchase Dictionary, 
of dictionary, maps, globes or other school apparatus, a etc Partus ' 
sum not exceeding fifteen dollars in any one year. When- 
ever it shall be necessary for the due accommodation of Temporary 
the children of the district, by reason of any considerable schools and 
number of said children residing in portions of said dis- ecnool - room8 - 
tricts remote from the school-house in said district, thereby 
rendering it difficult for them in inclement weather and 
in winter to attend school at such school-house, or by 
reason of the room or rooms in said school-house being 
over-crowded, or for any other sufficient reason the due 
accommodation of said children cannot be made in said 
school-house, they may establish temporary or branch 
school or schools in such place or places in said district 
as shall best accommodate such children, and hire any 
room or rooms for the keeping of said temporary or branch 
school or schools, and fit up and furnish said room or 
rooms in a suitable manner for conducting such school 
or schools therein. Any expenditure made or liability 
incurred in pursuance of this section shall be a charge 
upon the district.* 

§ 51. When trustees are required or authorized bv law, May raise 

1 i. Cj.I'tj.-^x- ■ e ■ any legal sum 

or by a vote or their district, to incur any expense tor by tax. 
such district, and when any expenses incurred by them 
are made, by express provision of law, a charge upon such 
district, they may raise the amount thereof by tax in the 
same manner as if the definite sum to be raised had been 
voted bv a district meeting. 

* Note. — To maintain separate water-closets. Chap. 538, Laws of 1887, on 
age 135, post. 



54 



TITLE 7. 

School-house 
by consent of 
trustee may- 
be used for 
instruction in 
any branch 
of learning 
or music. 

Trustees to 
procure 
account 
books, etc. 



Teacher must 
keep list? and 
verify record, 
and trustees 
shall not pay 
teacher until 
record is 
verified. 



To notify 
the treasurer 
and superin- 
tendent of 
money with- 
held by 
supervisor or 
collector. 

To reuder an 
account of all 
moneys re- 
ceived and 
paid, etc. 



Consolidated School Act of 1864. 

§ 52. The trustees, or any one of them, if not forbidden 
by another, may freely permit the school-house, when not 
in use for the district school, to be used by persons assem- 
bling therein for the purpose of giving and receiving 
instruction in any branch of education or learning, or in 
the science or practice of music. 

* § 53. They shall procure two bound blank books for 
the district, and, when necessary, others in their place. 
In one of them, at or before each annual district meeting, 
they shall enter at large and sign a statement of all 
movable property belonging to the district, and their 
accounts of all moneys received or drawn for or paid by 
them, and they shall deliver this book to their successors. 
In the other, the teachers shall enter the names of the 
pupils attending school, their ages, the names of the per- 
sons who send them, and the number of days each pupil 
attends ; and, also, the facts and the dates of each inspec- 
tion of the school by the school commissioner or other 
official visitor, and any other facts, and in such form as 
the superintendent of public instruction shall require ; 
and each teacher shall, by his oath or affirmation, verify 
his entries in such book, and the entries shall constitute 
the school lists from which the average daily attendance 
shall be determined ; and such oath or affirmation may be 
taken by the district clerk, but without charge. Until 
the teacher shall have so made and verified such entries, 
the trustees shall not draw on the supervisor for any por- 
tion of his wages. 

f § 54. If any portion of the moneys apportioned to the 
district shall not be paid by the supervisor or the collector,, 
upon the due requirement of the trustees, they shall forth- 
with notify the treasurer of the county, and the superin- 
tendent of public instruction, of the fact. 

§ 55. The trustees shall, once in each year, render to- 
the district, at its annual district meeting, a just, full and 
true account in writing, under their hands, of all moneys 
received by them respectively for the use of the district, 
and of the manner in which the same shall have been 
expended, and showing to which of them an unexpended 
balance, or any part thereof, is chargeable ; and of all' 
drafts or orders made by them upon the supervisor, col- 
lector, or other custodian of moneys of the district ; and 
a full statement of all suits and proceedings brought by 



* As amended by sec. 15, chap. 406, Laws of 1867. 
t As amended by sec. 5, chap. 175, Laws of 1890. 



Or the Trustees, their Powers and Duties. 55 



or against them, and of every special matter touching the 
condition of the district. 

§ 56. An outgoing trustee shall forthwith pay, to his r ^ t |° in f 
succcessor or any other trustee of the district in. office, pay any bai- 
any such unexpended balance, or part of such balance, successor. 9 
remaining in his hands. 

* § 57. (Provided a penalty for neglect or refusal to Penalty for 
render account. Repealed by section 1, subdivision 39 of giect to°ren- e " 
chapter 593, Laws of 1886.) der account. 

§ 58. By a willful neglect or refusal to render such Forfeits Ms 
account, a trustee also forfeits, any unexpired term of his offlce ' etc- 
office, and becomes liable to the trustees for any district 
moneys in his hands. 

§59. The trustees in office shall sue for and recover Trustee to 
any district moneys in the hands of any former trustee, me/tmstee. 
or of his personal representatives, and apply them to the 
use of the district. 

f § 60. The trustees of each school district shall, between to report to 
the twenty-fifth day of July and the first Tuesday of KSfftT 
August, in the year eighteen hundred and ninety-three, ^y ofjuiy 1 
make to the school commissioner a report in writing, and the first 
dated on the twenty-sixth day of July j and on the first ^C\m%a& 
day of August in each year thereafter, make to the school ° t n August 7 
commissioner a report in writing for the period ending a n )nual I y 
with the date of such report / such report to cover the 
month of August in the 'preceding year. In every case 
the trustee or trustees shall sign and certify to said report 
and deliver it to the clerk of the town in which the school- 
house of the district is situated ; and every such report 
shall certify : % 

1. The whole time any school has been kept in their items of an- 

t . . i . , J i . I-, r . ,i nual report. 

district during the year ending on the day previous to the 
date of such report, and distinguishing what portion of 
the time such school has been kept by qualified teachers, 
and the whole number of days, including holidays, in 
which the school was taught by qualified teachers. 

T 2. The amount of their drafts upon the supervisor or Amount or 
collector, for the payment of teachers' wages during such guper V uo° D or 
year, and the amount of their drafts upon him for the collector, 
purchase of books and school apparatus during such year, 
and the manner in which such moneys have been expended. 

* Sections 470 and 471 of Penal Code applicable to such violations of law. See 
page 25, ante. 

t As amended by sec. 16, chap. 406, Laws of 1867, and by chap. 413, Laws of 1883, 
and sec. 1, chap. 49, Laws of 1884, and by sec. 6 of chap. 345, Laws of 1889, and by 
sec. 10, chap. 500, Laws of 1893. 

t Note. — Trustees to report annually number of children of school age who are 
vaccinated. See chap. 438. Laws of 1860, page 136, post. 

^ As amended by sec. 6, chap. 175, Laws of 1890. 



56 



Consolidated School Act of 1S64. 



TITLE 7. 
Attendance 
of children. 



Number of 
children re- 
siding in the 
district on the 
thirtieth of 
Juneprevious 
to making the 
report. 

Amount paid 
for teachers' 
wages, and 
for other 
expense?. 



Children^ 
included in 
trustees' 
.report. 



Joint district 
to report to 
each commis- 
sioner. 



* 3. The number of children taught in the district 
school or schools during such year by qualified teachers, 
and the sum of the days' attendance of all such children 
upon the school. 

t4. The number of children residing in the district on 
the thirtieth day of June previous to the making of such 
report, and the names of the parents or other persons with 
whom such children did respectively reside, and the num- 
ber of children residing with each. 

5. The amount of money paid for teachers' wages, in 
addition to the public money paid therefor, the amount 
of taxes levied in said district for purchasing school-house 
sites, for building, hiring, purchasing, repairing and insur- 
ing school-houses, for fuel, for district libraries, or for any 
other purpose allowed by law, and such other information 
in relation to the schools and the district as the superin- 
tendent of public instruction may, from time to time, 
require. 

^ |§ 61. The annual reports of trustees of school districts, 
of children residing in their district, shall include all over 
five and under twenty one years of age, who shall have 
been, on the thirtieth day of June last preceding the date 
of such report, actually in the district, comprising a part 
of the family of their parents or guardians or employers, 
if such parents, guardians or employers resided at the time 
in such district, although such residence was temporary ; 
but such report shall not include children belonging to 
the family of any person who shall be an inhabitant of 
any other district in this state, in which such children may 
by law be included in the report of its trustees ; nor any 
children who are supported at a county poor-house or an 
orphan asylum ; nor any Indian children residing on 
reservations where schools provided by law for their 
education are taught. 

§ 62. Where a school district lies in two or more 
counties, its trustees shall make such an annual report for 
each part of it lying in a different county, and file each 
in the office of the clerk of the town in which the part 
of the district to which it especially relates lies ; and such 
report shall be in the form and contain all such special 
matters as the superintendent of public instruction shall 
from time to time prescribe. 

* As amended by sec. 11, chap. 647, Laws of 1865. 
t As amended by sec. 7, chap. 413. Laws of 1883. 
X As amended by sec. 8, chap. 413, Laws of 1883. 



Oe the Assessment of District Taxes. 57 



* § 63. The trustee of every separate neighborhood shall separate 
every year, within the time aforesaid, in like manner, make geignbor- 
his annual report to the school commissioner, and file it in onts'trustees, 
the office of the clerk of the town in which the neigh- 
borhood is a part. Such report shall specif} 7 the whole 
amount of public moneys received during the year, and 
from what public officer, and the manner in which it was 
expended ; the whole number of such children as can be 
included in the district trustees' report residing in the 
neighborhood on the thirtieth day of June previous to 
the making of the report ; and any other matters which 
the superintendent of public instruction may require. 

§ 64. (Provided a penalty for false reports by trustees. Repealed. 
Repealed by 'sec. 1, sub. 39 of chap. 593, Laws of 1886.) 
Sections 470 and 471 of Penal Code provide a penalty 
for such an offense. _ 

Seventh Article. 
Of the assessment of district taxes, and the collection of 

such taxes; and of the collector, his powers, duties 

and liability. 

§ 65. Within thirty days after a tax shall have been Assessment 
voted by a district meeting, the trustees shall assess it, by trustees. 
and make out the tax list therefor, and annex thereto their 
warrant for its collection. But they may at the same Two or more 
time assess two or more taxes so voted, and any tax or incfud?dun- e 
taxes they are authorized to raise without such vote, and ^ e a r r ° a u n e t 
make out one tax list and one warrant for the collection 
of the whole. They shall also prefix to their tax list a 
heading showing for what purpose the different items of 
the tax is levied. 

f § 66. School district taxes shall be apportioned by the Tax lists 
trustees upon all real estate within the boundaries of the out made 
district which shall not be by law exempt from taxation, 
except as hereinafter provided, and such property shall 
be assessed to the person or persons, or corporation own- 
ing or possessing the same at the time such tax list shall 
be made out, but land lying in one body and occupied by Taxation of 
the same person, either as owner or agent for the same one body gm 
principal, or as tenant under the same landlord, if assessed 
as one lot on the last assessment-roll of the town" after 

* As amended by sec. 9, chap. 413, Laws of 1883. 

t As amended by sec. 20, chap. 567, Laws of 1875, and by sec. 4 of chap. 328. Laws 
of 1889. See law in relation to the taxation of railroad companies on pages 146 and 
147, post ; also, law in relation to taxation of bank shares, in the general banking act, 
tit. 12 of chap. 409, Laws of 1882, on page 140. post, and taxation of forest preserve, 
chap.,,280, Laws of 1886, on page U5,post. 



58 



TITLE 



Non-resident 
lands. 



Personal 
estate. 



Bank stock. 



Valuation, 
how ascer- 
tained. 



Of redaction 
of valuation. 



Equalization 
of valuation. 



Consolidated School Act of 1864. 

revision by the assessors, shall, though situated partly in 
two or more school districts, be taxable in that one of 
them in which such occupant resides. This rule shall not 
apply to land owned by non-residents of the district, and 
which shall not be occupied by an agent, servant or tenant 
residing in the district. Such unoccupied real estate shall 
be assessed as non-resident, and a description thereof shall 
be entered in the tax list. The trustees shall also appor- 
tion the district taxes upon all persons residing in the 
district, and upon all corporations liable to taxation therein, 
for the personal estate owned by them and liable to tax- 
ation. They shall also apportion the same upon non- 
resident stockholders in banks or banking, associations 
situated in their districts for the amount of stock owned 
by them therein, and upon individual bankers doing busi- 
ness in their district in accordance with the provisions of 
chapter * seven hundred and sixty-one of the laws of one 
thousand eight hundred and sixty-six. 

§ 67. The valuations of taxable property shall be ascei - 
tained, so far as possible, from the last assessment-roll of 
the town, after revision by the assessors ; and no person 
shall be entitled to any reduction in the valuation of such 
property, as so ascertained, unless he shall give notice of 
his claim to such reduction to the trustees of the district 
before the tax list shall be made out. 

§ 68. Where such reduction shall be duly claimed and 
where the valuation of taxable property cannot be ascer- 
tained from the last assessment-roll of the town, the 
trustees shall ascertain the true value of the property to be 
taxed from the best evidence in their power, giving notice 
to the persons interested, and proceeding in the same 
manner as the town assessors are required by law to pro- 
ceed in the valuation of taxable property. 

f § 69. When a district embraces parts of more than 
one town, it shall be the duty of the supervisors of such 
towns so in part embraced, upon receiving a written notice 
from the trustee or trustees of such district, or from three 
or more persons liable to pay taxes upon real estate therein, 
to meet at a time and place to be named in such notice, 
which time shall not be less than five or more than ten 
days from the service thereof, and a place within the 
bounds of the towns so in part embraced, and proceed to 
inquire and determine whether the valuation of real prop- 

* Note. — Chap. 761, Laws of 1866, was repealed by part 27 of sec. 1, chap. 402, 
Laws of 1882, and its provisions incorporated in the title on taxation in the general 
banking act, chap. 409. Laws of lb'82. See page 140, post. 

t As amended by sec. 21, chap. 567, Laws »f 1875. 



Or the Assessment of District Taxes. 59 



TITLE 7. 

erty upon the several assessment-rolls of said towns are 
substantially just as compared with each other, so far as 
said districts are concerned, and if ascertained not to be so, 
they shall determine the relative proportion of taxes that 
ought to be assessed upon the real property of the parts 
of such district lying in different towns, and the trustees of 
such district shall thereupon assess the proportion of any 
tax- thereafter to be raised, according to the determination 
of such supervisors, until new assessment-rolls of the town 
shall be perfected and filed, using the assessment-rolls of 
the several towns to distribute the said proportion among 
the persons liable to be assessed for the same. In cases 
when such supervisors shall be unable to agree, they shall 
summon a supervisor from some adjoining town, who 
shall unite in such inquiring, and the finding of a majority 
shall be the determination of such meeting. 

§ 70. Any person working land under a contract for a Persons 

o j i cj workin°" land 

share of the produce of such land, shall be deemed the on shares 
possessor, so far as to render him liable to taxation therefor hable ' 
in the district where such land is situate. 

§ 71. Every person owning or holding any real property Taxable in- 
within any school district, who shall improve and occupy 
the same by his agent or servant, shall, in respect to the 
liability of such property to taxation, be considered a tax- 
able inhabitant of such district, in the same manner as if 
he actually resided therein. 

§ 72. Where any district tax, for the purpose of pur- or tenant 
chasing a site for a school-house, or for purchasing or lTawiityof' 
building, keeping in repair, or furnishing such school- the owner - 
house with necessary fuel and appendages, shall be law- 
fully assessed, and paid by any person on account of any 
real property whereof he is only tenant at will, or for 
three years, or for a less period of time, such tenant may 
marge the owner of such real estate with the amount of 
the tax so paid by him, unless some agreement to the con- 
trary shall have been made by such tenant. 

§ 73. Every taxable inhabitant of a district who shall when exempt 
have been, within four years, set off from any other dis- Bchooj-hou°se\ 
trict without his consent, and shall, within that period, 
have actually paid in such other district, under a lawful 
assessment therein, a district tax for building a school- 
house, shall be exempted by the trustees of the district 
where he shall reside from the payment of any tax for 
building a school-house therein. 

§ 74. When any real estate within a district so liable to Taxes on 
taxation shall not be occupied and improved by the owner, r a nd*s eBldent 



60 



Consolidated School Act of 1864. 



TITLE 7. 



Incorporated 

companies, 

etc. 



Collector to 
return uncol- 
lected taxes ; 
method of 
procedure. 



Trustees 
shall send it 
to treasurer 
of county. 



Treasurer 
shall pay the 
taxes, and lay 
the account 
before the 
board of 
supervisors 
who shall 
levy tax, etc. 



his servant or agent, and shall not be possessed by any 
tenant, the trustees of any district, at the time of making 
out any tax list by which any tax shall be imposed thereon, 
shall make and insert in such tax list a statement and 
description of every such lot, piece or parcel of land so 
owned by non-residents therein, in the same manner as 
required by law from town assessors in making out the 
assessment-roll of their towns ; and if any such lot is 
known to belong to an incorporated company liable to 
taxation in such district, the name of such company shall 
be specified, and the value of such lot or piece of land 
shall be set down opposite to such description, which value 
shall be the same that was affixed to such lot or piece of 
land in the last assessment-roll of the town ; and if the 
same was not separately valued in such roll, then it shall 
be valued in proportion to the valuation which was affixed 
in the said assessment-roll to the whole tract of which 
such lot or piece shall be part. 

* § 75. If an}? tax on real estate placed upon the tax 
list and duly delivered to the collector, or the taxes upon 
non-resident stockholders in banking associations organ- 
ized under the laws of congress, shall be unpaid at the 
time the collector is required by law to return his war- 
rant, he shall deliver to the trustees of the district an 
account of the taxes remaining due, containing a descrip- 
tion of the lands upon which such taxes were unpaid as 
the same were placed upon the tax list, together with the 
amount of the tax so assessed, and upon making oath 
before any justice of the peace or judge of court of 
record, notary public or any other officer authorized to 
administer oaths, that the taxes mentioned in any such 
account remain unpaid, and that, after diligent efforts, he 
has been unable to collect the same, he shall be credited 
by said trustees with the amount thereof. 

§76. Upon receiving any such account from the col- 
lector, the trustees shall compare it with the original tax 
list, and, if they find it to be a true transect, they shall 
add to such account their certificate, to the effect that 
they have compared it with the original tax list and found 
it to be correct, and shall immediately transmit the 
account, affidavit and certificate to the treasurer of the 
county. 

f § 77. Out of an} 7 moneys in the county treasury, raised 

* As amended by sec. 22, chap. 567. Laws of 1875, and by sec. 1, chap. 250, Laws 
of 1883, and sec. 1, chap. 74, Laws of 1890. 

t As amended by sec. 1, chap. 455, Laws of 1880, and by sec. 1, chap. 333. Laws 
of 1887. 



Of the Assessment of District Taxes. 61 



for contingent expenses, the treasurer shall pay to the col- I 
lector the amount of the taxes so returned as unpaid, and 
if there are no moneys in the treasury applicable to such 
purpose, the board of supervisors, at the time of levying 
said unpaid taxes, as provided in the next section, shall 
pay to the collector of the school district the amount 
thereof by voucher or draft on the county treasurer, in 
the same manner as other county charges are paid, and the 
collector shall be again charged therewith by the trustees. 

* § 78. Such account, affidavit and certificate shall be Srer n toiiy a8 " 
laid by the county treasurer before the board of super- the account 
visors of the county, who shall cause the amount of such supervisors ; 
unpaid taxes, with seven per cent of the amount in andduSeiT 8 
addition thereto, to be levied upon the lands on which the thereon, 
same were imposed ; and if imposed upon the lands of 

any incorporated company, then upon such company ; 
and when collected the same shall be returned to the 
county treasurer to reimburse the amount so advanced, 
with the expenses of collection ; and if imposed upon the 
stock of a non-resident stockholder 4n a banking associa- 
tion organized under the laws of congress, then the same, 
with seven per cent of the amount in addition thereto, 
shall be a lien upon any dividends thereafter declared 
upon such stock, and, upon notice by the board of super- 
visors to the president and directors of such bank of such 
charge upon such stock, the president and directors shall 
thereafter withhold the amount so stated from any future 
dividends upon such stock, and shall pay the same to the 
collector of the town duly authorized to receive the same. 

§ 79. Any person whose lands are included in any such Any person 
account may pay the tax assessed thereon to the county pT/nient be- 
treasurer, at anytime before the board of supervisors shall foresaidlev y- 
have directed the same to be levied. 

§ 80. The same proceedings in all respects shall be had Proceedings 
for the collection of the amount so directed to be raised taxes. 
by the board of supervisors as are provided by law in 
relation to the county taxes ; and, upon a similar account, 
as in the case of county taxes of the arrears thereof uncol- 
lected, being transmitted by the county treasurer to the 
comptroller, the same shall be paid on his warrant to the 
treasurer of the county advancing the same ; and 
the amount so assumed by the state shall be collected 
for its benefit, in the manner prescribed by law in respect 
to the arrears of county taxes upon land of non-residents ; 

* As amended by sec. 23, chap. 567, Laws of 1875, and by sec. 2, chap. 250, Laws 
of 1883. 



62 



TITLE ( 



Warrant, 
form and 
effect of. 



Delivery of 
the warrant. 



Collectors to 
execute a 
bond. 



Bond to be 
filed with 
town clerk. 



Clerk's fees 
for filing 
bond. 



Consolidated School Act of 1864. 

or if any part of the amount so assumed consisted of a tax 
upon any incorporated company, the same proceedings 
may also be had for the collection thereof as provided by 
law in respect to the county taxes assessed upon such 
company. 

* § 81. The warrant for the collection of a district tax 
shall be under the hands of the trustees, or a majority of 
them, with or without their seals ; and it shall have the 
like force and effect as a warrant issued by a board of 
supervisors to a collector of taxes in the town ; and the 
collector to whom it may be delivered for collection shall 
be thereby authorized and required to collect from every 
person in such tax list named, the sum set opposite to his 
name, or the amount due from any person or persons 
specified therein, in the same manner that collectors are 
authorized to collect town and county charges. 

f § 82. A warrant for the collection of a tax voted by 
the district shall not be delivered to the collector until 
the thirty-first day after the tax w r as voted. A war- 
rant for the collection of any tax not so voted may 
be delivered to the collector whenever the same is 
completed. 

$ § 83. Within such time, not less than ten days, as the 
trustees shall allow him for the purpose, the collector, 
before receiving the first warrant for the collection of 
money, shall execute a bond to the trustees, with one or 
more sureties, to be approved by a majority of the trustees, 
in such amount as the district meeting shall have fixed, or 
if such meeting shall not have fixed the amount, then in 
such amount as the trustees shall deem reasonable, con- 
ditioned for the due and faithful execution of the duties 
of his office. The trustees, upon receiving said bond, 
shall, if they approve thereof, indorse their approval 
thereon, and forthwith deliver the same to the town clerk 
of the town in which said collector resides, and said clerk 
shall file the same in his office and enter in a book to be 
kept by him for that purpose, a memorandum showing 
the date of said bond, the names of the parties and sure- 
ties thereto, the amount of the penalty thereof, and the 
date and time of filing the same, and said town clerk is 
authorized to receive as a fee for such filing and memo- 
randum, the sum of twenty-five cents, which sum is 



* As amended by sec. 18, chap. 406, Laws of 1867. 
+ As amended by sec. 19, chap. 406, Laws of 1867. 

t As amended by sec. 24, chap. 567, Laws of 1875, and by sec. 1, chap. 334, Laws 
of 1887, and by sec. 7, chap. 175, Laws of 1890. 



Of the Assessment of District Taxes. (33 

hereby made a charge against the school district interested T1TLE 7 - 
in said bond ; and in case the trustees of any school dis- 
trict, other than those within the limits of any city or 
incorporated village, shall deem it for the best interests Disbarse- 
of the district or the public to have the collector of such Soney^by 
district disburse to teachers the money apportioned by collector - 
the state for teachers' wages, they shall so direct, by reso- 
lution to be entered upon the minutes of their proceedings, 
and thereupon the said collector, before receiving any 
such money for such purpose, shall execute a bond to the 
trustees, with two or more sureties, in double the amount 
of the last apportionment, with like conditions of sureties, Bond as 
approval of trustees, and amount and like directions as to agent? 81118 
filing as are required above for a bond for the collection, 
of taxes, and conditioned also for the due and faithful 
execution of the duties of his office as such disbursing 
agent. 

*§84. The collector, on the receipt of a warrant for collector of 
the collection of taxes, shall give notice to the taxpayers certain glve 
of the district by publicly posting written or printed, or notices - 
partly written and partly printed, notices in at least three 
public places in such district, one of which shall be on the 
outside of the front door of the school-house, stating that 
he has received such warrant and will receive all such 
taxes as may be voluntarily paid to him within two weeks 
from the time of posting said notice. Such collector shall 
also give a like notice, either personally or by mail, at 
least ten days previous to the expiration of the two weeks 
aforesaid, to the ticket agent at the nearest station of any 
railroad corporation assessed for taxes upon the tax list 
delivered to him with the aforesaid warrant, and where 
the amount of the tax is one dollar or more the collector 
shall also give a like notice to all non-resident taxpayers 
on said list whose residence or post-office address may be 
known to such collector, or which may be ascertained by 
him upon inquiry of the trustees and clerk of his district, 
and no school collector shall be entitled to recover from 
any railroad corporation or non-resident taxpayer more 
than one per cent fees on the taxes assessed against such 
corporation or non-resident, unless such notice shall have 
been given as aforesaid ; and in case the whole amount of 
taxes shall not be so paid in the collector shall forthwith Fee8t 
proceed to collect the same. He shall receive for his 
services, on all sums paid in as aforesaid, one per cent, 
and upon all sums collected by him, after the expiration 

* As amended by chap. 33, Laws of 1877, and by sec. 1, chap. 526, Laws of 1690. 



64 



TITLE 7. 



Warrant may 
be executed 
in any other 
town, etc. 



Trustees may 
sue for un- 
paid taxes in 
certain cases. 



Trustees may 
correct error 
in tax list by 
consent of su- 
perintendent. 



If more than 
one renewal 
mast have 
consent of 
supervisor. 



Consolidated School Act of 1S6<L 

of the time mentioned, five per cent, except as herein- 
before provided ; and in case a levy and sale shall be 
necessarily made by such collector, he shall be entitled to 
traveling fees, at the rate of ten cents per mile, to be com- 
puted from the school-house in such district. * 

f§ 85. Any collector to whom any tax list and warrant 
may be delivered for collection may execute the same in 
any other district or town in the same county, or in any 
other county where the district is a joint district and 
composed of territory from adjoining counties, in the 
same manner and with the like authority as in the district 
in which the trustees issuing the said warrant may reside, 
and for the benefit of which said tax is intended to be 
collected ; and the bail or sureties of any collector, given 
for the faithful performance of his official duties, are 
hereby declared and made liable for any moneys received 
or collected on any such tax list and warrant. 

J § 86. If the sum or sums of money, payable by any 
person named in such tax list * * * shall not be 
paid by him or collected by such warrant within the time 
therein limited, it shall and may be lawful for the trustees 
to renew such warrant in respect to such delinquent per- 
son ; or in case such person shall not reside within their 
district at the time of making out a tax list, or shall not 
reside therein at the expiration of such warrant, or in case 
the property assessed be real estate belonging in an incor- 
porated company, and no goods or chattels can be found 
whereon to levy the tax, the tiustees may sue for and 
recover the same in their name of office. || 

^[ § 87. Whenever the trustees of any school district 
shall discover any error in a tax list made out by them, 
they ma} 7 , with the approbation and consent of the super- 
intendent of public instruction, after refunding any 
amount that may have been improperly collected on such 
tax list, if the same shall be required by him, amend and 
correct such tax list, as directed by the superintendent, in 
conformity to law ; and whenever more than one renewal 
of a warrant for the collection of any tax list may become 
necessary in any district, the trustees may make such 
further renewal, with the written appobation of the 



*Note. — For the collection of taxes against railroad companies, see chap. 675, 
Laws of 1881, as amended by sec. 1, chap. 319, Laws of 1882, and by chap. 533, Laws 
of 1885, on page 147, post. 

t As amended by sec. 20, chap. 406, Laws of 1867. 

X As amended by sec. 25, chap. 567, Laws of 1875. 

II Note. — Tax by rate bill abolished. Sec. 28 of chap. 406, Laws of 1867, on 
page 13u, post. 

T As amended by sec. 22, chap. 406, Laws of 1867. 



Of School District Libraries. 65 



supervisor of any town in which a school-house of said 
district shall be located, to be indorsed upon such warrant. 

* § 88. The collector shall keep in his possession all custody of 
moneys received or collected by him by virtue of any the collector, 
warrant, or received by him from the county treasurer or 
board of supervisors for taxes returned as unpaid, or 
moneys apportioned by the state or raised by direct taxa- 
tion for teachers' wages or library, to be by him paid out 
upon the order of a majority of the trustees ; and he shall shall report 
report in writing, at the annual meeting, all his collections, meeting, 
receipts and disbursements, and shall report to the super- 
visor on or before the first Tuesday of March in each year 
the amounts of school moneys in his hands not paid out 
on trustees' orders, and shall pay over to his successor in 
office, when he has duly qualified and given bail, all moneys 
in his hands belonging to the district. 

§ 89. If by the neglect of any collector any moneys collector 
shall be lost to any school-district, which might have been anyioss. up 
collected within the time limited in the warrant delivered 
to him for their collection, he shall forfeit to such district 
the amount of the moneys thus lost, and shall account for 
and pay over the same to the trustees of such district, in 
the same manner as if they had been collected. 

§90. For the recovery of all such forfeitures, and of Trustees to 

<j t/ * su6 for FGCOV- 

all balances, in the hands of the collector, which he shall ery of money 
have neglected or refused to pay to his successor, the hands. 60 
trustees, in their name of office, shall have their remedy 
upon the official bond of the collector, or any action and 
any remedy given by law ; and they shall apply all such 
moneys, when recovered, in the same manner as if paid 
without suit. 

f § 91. Within fifteen days after any tax list and war- Trustee to 
rant shall have been returned by a collector to the trustees and warrant 
of any school district, the trustees shall deliver the same turned?" 
to the town clerk of the town in which the collector resides, 
and said town clerk shall file the same in his office. 

* As amended by sec. 2, chap. 333, Laws of 1887, and by sec. 8, chap. 175, Laws of 
1890. 

+ As amended by sec. 2, chap. 334, Laws of 1887. 

Note.— By sec. 11 chap. 573, Laws of 1892, sec. 4, chap. 237, Laws of 1838 is 
repealed, and sections 1 to 9 of chap. 573, Laws of 1892, are substituted for title 8 of 
chap. 555, Laws of 1864, entitled " Of school district libraries, and the application 
of library moneys;'' and said title 8 is reperted. All other acts repugnant to or 
inconsistent with the provisions of chap. 573, Laws of 1892, are, by said chapter, so 
far as they are so inconsistent, repealed. 

Sections 1 to 8, inclusive, are given as constituting title 8. 

Sections 9, 10 and 11 of chapter 573, Laws of 1892, are as follows : 

§9. The sum of fifty-five thousand dollars directed to be distributed to the 
several cities and school districts of the state by section four of chapter two hun- 
dred and thirty-seven of the laws of eighteen hundred and thirty-eight, shall 
continue to be appropriated and shall be known as school library moneys, and 
shall be applied to the purchase of books for the formation or extension of common 
school libraries.— [Continued on next page. 



66 



TITLE 8. 



School library 
moneys, ap- 
portionment 
and expendi- 
ture of. 



School libra- 
ries, what 
books to con- 
stitute. 



Require- 
ments for 
share in ap- 
portionment. 



Use, etc. 
of school 
library. 



Con solid at kt> School Act of 1864. 
TITLE VIII. 

FOR THE ENCOURAGEMENT OF COMMON SCHOOLS AND 
PUBLIC LIBRARIES. 

Section 1. So much of the school library money as 
shall be needed for that purpose shall be apportioned 
among the several cities and school districts by the state 
superintendent of public instruction, who may, so far as 
consistent with law, make, alter or repeal any rules that 
he may deem proper for regulating the expenditure of 
the school library money and the administration and care 
of school libraries established or maintained under 
authority of this act ; provided that no portion of the 
school library money shall be expended except for books 
approved by the said superintendent. Said school libra- 
ries shall consist of reference books for use in the school 
room, suitable supplementary reading books for children, 
or books relating to branches of study being pursued in 
the school and pedagogic books as aids to teachers. And 
no city or school district shall share in the apportionment 
unless it shall raise and use for the same purpose an ecpual 
amount from taxation or other local sources, and shall also 
comply with the recpuirements of the superintendent as to 
the care of such libraries and otherwise. 

§ 2. The school library shall be a part of the school 
equipment and shall be kept in the school building at all 
times, and shall not be used as a circulating library, except 
that, so far as the rules fixed by the state superintendent 
shall allow, teachers and school officers or pupils, with the 
leave of the librarian, may borrow from said library any 
book not needed for reference in the school-room, but such 
persons shall not borrow more than one volume at a time 

§ 10. For the fiscal year beginning October first, eighteen hundred and ninety- 
two, but not thereafter, out of said fifty-five thousand dollars school library money, 
there shall be paid twenty-five thousand dollars for public library money, and 
said twenty-five thousand dollars shall be paid by the treasurer, on the warrant 
of the comptroller, according to an apportionment to be made for the benefit of 
free libraries by the regents iu accordance with their rules and authenticated by 
the university seal; provided that none of this money shall be spent for books 
except those approved or selected and furnished by the regents; that no locality 
shall share in the apportionment unless it shall raise for the same purpose not less 
than an equal amount from taxation or other local sources ; that for any part of 
the apportionment not payable directly to the librarv trustees the regents shall 
file with the comptroller proper vouchers showing that^it has been spent in accord- 
dance with law exclusively for books for free public libraries or for proper 
expenses incurred for their benefit; and that books paid for by the state shall be 
subject to return to the regents whenever the library shall neglect or refuse to 
conform to the ordinances under which it secured them. 

§11. Repeals. — Section four, chapter two hundred and thirty-seven of the laws 
of eighteen hundred and thirty-eight is hereby repealed, and sections one to nine 
of this act are hereby substituted fur title eight, of chapter five hundred and filty- 
five of the laws of eighteen hundred and sixty-four, which said title eight is hereby 
repealed ; and al! other acts repugnant to or inconsistent with the provisions of 
this act are, so far as they are so inconsistent, hereby repealed. 



Of School District Libraries. 67 



and shall not keep the same more than two weeks. The Librarian _ ' 
board of education or trustees shall appoint a teacher of 
the schools under their charge as librarian, who, with the 
trustees, shall be responsible for the safety and proper care 
of the books, and shall annually, and whenever required, 
make such reports concerning the library as the state 
superintendent may direct. 

§ 8. Rules. — All existing provisions of law and rules KuleB - 
established by the superintendent of public instruction 
for the management of district libraries shall hold good 
as to the management of school libraries till altered by or 
in pursuance of law. 

§ 4. Each city and school district in the state is hereby J c a h s oi r 
authorized to raise moneys by tax in the same manner as library, 
other school moneys are raised, or to receive moneys by 
gift or devise, for starting or extending or caring for the 
school library. 

§ 5. Any board of education in any city or union free Transferof 
school district, or any duly constituted meeting in any republic' t0 
other district, is hereby authorized to give any or all of its libraries - 
books or other library property to any township or other 
free public library under state supervision, or to aid in 
establishing such free public library, provided it is free 
to the people of such city or district. A receipt from the Release 
officers of the said free public library, and an approval of authorities, 
the transfer under seal by the regents of the university, 
shall forever thereafter relieve the said school authorities 
of further responsibility for the said library and property 
so transferred. 

§ 6. Any books or other library property belonging to riesmay b take 
any district library, and which have not been in direct ^rict 610 "' * 
charge of a librarian duly appointed within one year, may libraries/ 
be taken and shall thereafter be owned by any public 
library under state supervision, whicli has received from 
the regents of the university written permission to collect 
such books or library property, and to administer the same 
for the benefit of the public ; provided that said books or 
other library property shall be found in the territory for 
which such public library is maintained, as defined in its 
charter or in the permission granted by the regents ; and 
further provided that, on written request of the school 
authorities, any dictionaries, cyclopedias and pedagogic 
books shall be placed in the school library of the district 
to which such books originally belong. Any person, 
association or corporation having possession of books or 
other property belonging to any school, district or other 



68 



Consolidated School Act of 186±. 



title 9. 

Delivery of 
books and 
property to 
libraries. 



Public not to 
use school 
library. 



Transfer of 
property for 
circulating 
library. 

Withholding 
of moneys by 
state super- 
intendent. 



Call for 
special meet- 
ing to form 
district. 



When super- 
intendent 
may give 
notice. 



Qualification 
of voters. 



public library, except books regularly borrowed and charged 
for a period not yet expired, shall deliver the same within 
one month from the passage of this law to the legally 
appointed librarian of such library, or of the free public 
library, duly authorized to take the same as provided in 
this section, and willful neglect or refusal to comply with 
this provision shall be a misdemeanor. 

§ 7. The public shall not be entitled to use any library, 
now or hereafter in the custody of the school authorities, 
but said authorities may appoint three trustees who shall 
have the powers, duties and responsibilities of trustees of 
public libraries incorporated by the regents, and there- 
after the school authorities may transfer to the custody of 
said trustees for the purposes of a circulating library any 
of their library property as provided in section five. 

§ 8. The state superintendent of public instruction is 
hereby authorized to withhold its share of public school 
monej's from any city or district which uses school library 
moneys for anj T other purpose than that for which they 
are provided, or for any willful neglect or disobedience 
of the law or the rules or orders of said superintendent in 
the premises. 

TITLE IX. 

OF UNION FREE SCHOOLS. 

Section 1. Whenever fifteen persons entitled to vote 
at any meeting of the inhabitants of any school district 
in the state, shall sign a call for a meeting, to be held for 
the purpose of determining whether a union free school 
shall be established therein, in conformity with the pro- 
visions of this title, it shall be the duty of the trustees 
of such district, within ten days after such call shall have 
been presented to them, to give public notice that a meet- 
ing of the inhabitants of such district, entitled to vote 
thereat, will be held for such purpose as aforesaid, at the 
school-house, or other more suitable place, in such district, 
on a day and at an hour in such notice to be specified, not 
more than twenty days after the publication of such notice. 
If the trustees shall refuse to give such notice, or shall 
neglect to give the same for twenty days, the superin- 
tendent of public instruction may authorize and direct 
any inhabitant of said district to give the same. The 
qualifications of the inhabitants, entitled to vote at such 
meeting as now by law expressed, shall be sufficiently set 
forth in the notice aforesaid. 



Of Union Free Schools. 69 



TMTT "FT Q 

* § 2. Whenever such district shall correspond wholly or Formation of 
in part with an incorporated village, in which there shall union free 
be published a daily or weekly newspaper, the notice afore- incorporated 
said shall be given by posting at least five copies thereof, Vllla s es - 
severally, in various conspicuous places in said district, at 
least twenty days prior to such meeting, and by causing 
the same to be published once a week for three consecutive 
weeks before such meeting, in all the newspapers pub- 
lished in said district. In other districts the said notice in other 
shall be given by posting the same as aforesaid, and in 
addition thereto, the trustees of such district shall 
authorize and require any taxable inhabitant of the same, 
to notify every other inhabitant (qualified to vote as afore- 
said), of such meeting, to be called as aforesaid, who shall 
give such notification in the manner and subject to the 
penalty prescribed in the case of the formation of a new 
school district by title seven of this act. 

§ 3. The reasonable expense of such notices, and of ^l^ of 
their publication and service, shall be chargeable upon the how paid, 
district, in case a union free school is established by the 
meeting so convened, to be levied and collected by 
the trustees, as in case of taxes now levied for school 
purposes ; but in the event that such union free school 
shall not be established, then the said expense shall be 
chargeable upon the inhabitants signing the call, jointly 
and severally, to be sued for, if necessary, in any court 
having jurisdiction of the same. 

t§4. Whenever fifteen persons, entitled as aforesaid, Unk)n . fre , e 

,. ' " if 1 • • • t • in • schools of 

from each of two or more adjoining districts shall unite two or more 
in a call for a meeting of the inhabitants of such districts, 16tr cts ' 
to determine whether such districts shall be consolidated 
by the establishment of a union free school therefor and 
therein, it shall be the duty of the trustees of such dis- 
tricts, or a majority of them, to give like public notice of Nature of. 
such meeting, at some convenient place within such dis- 
tricts and as central as may be, within the time, and to 
be published and served in the manner set forth in the 
second section of this title, in each of such districts. The 
reasonable expenses of preparing, publishing and serving 
such notices shall be chargeable upon the union free 
school district, and be collected by tax, if a union free 
school shall be established pursuant to such call, but other- 
wise the signers of the call shall be jointly and severally g erintend . 
liable for such expenses. The superintendent of public ent may order 

meeting. 

* As amended by sec. 1. chap. 50, Laws of 1876. 
t As amended by sec. 15, chap. 647, Laws of 1865. 



70 



Consolidated School Act of 1864. 



TITLE 9. 



Proceedings 
of meeting, to 
determine as 
to formation 
of union free 
school. 



Election of 
trustees, to 
form board 
of education. 



Designation 
of board. 



Proceedings, 
how certified 
and de- 
posited. 



Effect of nega> 
tive action. 



instruction may order such meeting under the conditions 
and in the manner prescribed in the first section of this 
title. 

* § 5. Any such meeting held as aforesaid shall be 
organized by the appointment of a chairman and secre- 
retary, and may be adjourned from time to time by a 
majority vote, provided that such adjournment shall not 
be for a longer period than ten days ; and whenever any 
such meeting, at which not less than fifteen persons 
entitled to vote thereat shall, by the affirmative vote of a 
majority present and voting, determine to establish a union 
free school in said district, pursuant to such notice, it shall 
thereupon be lawful for such meeting to proceed to the 
election, by ballot, of not less than three or more than 
nine trustees, who shall, by the order of such meeting, be 
divided into three several classes, the first to hold until 
one, the second until two, the third until three years from 
the fourth Tuesday in August next following, except in 
the cases in the next section provided for ; and when the 
trustees so elected shall enter upon their office, the office 
of any existing trustee or trustees shall cease, except for the 
purposes stated in section eleven of title six of this act. The 
said trustees and their successors in office shall constitute 
the board of education of and for the union free school 
district for which they are elected, and the designation of 
such district as union free school district number of the 
town of shall be made by the school commissioner 

having jurisdiction of the district ; and the said board 
shall have the name and style of the board of education 
of (adding the designation aforesaid) ; copies of said call, 
minutes of said meeting or meetings, duly certified by the 
chairman and secretary thereof, shall be by them, or either 
of them, transmitted and deposited, one to and with the 
town clerk, one to and with the school commissioner in 
whose jurisdiction said districts are located, and one to 
and with the superintendent of public instruction ; but 
when, at any such meeting, the question as to the estab- 
lishment of a union free school shall not be decided in the 
affirmative, as aforesaid, then all further proceedings at 
6uch meeting, except a motion to reconsider or adjourn, 
shall be dispensed with, and no such meeting shall be 
again called within one year thereafter. 



* As amended by spc 2. chap. 50 Laws of 1876. and by sec. 10. chap 413, Laws of 
1883, and by sec. 2, chap. 49, Laws ot 1S84, uud by sec. 7 of chap. 245, Laws of 1889. 



Of Union Free Schools. 71 



rpTrpr ■pi q 

*§ 6. Whenever said board of education shall be con- where dis-' 
stituted for any district or districts whose limits corre- trict limits 

i • i i \e • iMi • i correspond 

spond with those ot any incorporated village or city, the with those of 
trustees so elected shall, by the order of such meeting, be v°uage°or e 
divided into three several classes : the first class to serve onrusteesTn! 
until one, the second until two, and the third until three 
years after the day of the next charter election in such 
village or city, and their regular term of service shall be 
computed from the several days of such charter elections, 
and not from the second Tuesday in October. And there- 
after there shall be annually elected in such villages and 
cities, by separate ballot, to be indorsed " School Trustee," 
in the same manner as the charter officers thereof, trus- 
tees of the said union free schools, to supply the places of 
those whose terms by the classification aforesaid are about 
to expire. 

f S 7. The said boards of education are hereby severally Slfl ],,^ 

i o . J J education cre- 

created bodies corporate, and each shall, at its first meet- ated bodies 
ing, and at each annual meeting thereafter, elect one of corpor( 
their number president. They may, with the advice and 
consent of a majority of the legal voters entitled to vote- 
on questions of taxation, to be had at an annual meeting 
of the inhabitants, appoint a clerk to the board. Such j? ler ^ntm nt" 
appointed clerk must be a resident of the district, and a of, etc. 
person other than a trustee or a teacher in the employ of 
the board. The clerk so appointed shall be the general 
librarian of the district, and also perform all the clerical 
and other duties pertaining to his office. For his services Salar y- 
he shall be entitled to receive a salary, which shall not be 
greater than twenty-five cents a year for each scholar, to 
be computed from the actual average daily attendance for 
the previous year, as set forth in the annual report to the 
school commissioner, or less, as in the best judgment of 
said legal voters to be had at such annual meeting ; such 
consent and approval not to be for a longer period of time 
than one year. In case no provision is made at an 
annual meeting of the inhabitants for the appointment and 
payment of a clerk, then and in that case the board will 
appoint one of their own number to act as clerk. In oth^than 
districts other than those whose limits correspond with those whose 

* limits corr©" 

those of any city or incorporated village, said board spond with 
shall have power to appoint one of the taxable inhabitants anTviiiages? 

appointment 

of treasurer 
■ *Note.— In relation to election of officers in districts having more than 300 and collector 
children of school age, see chap. 348, Laws of 1878, on page 129, post. for. 

t As amended by chap. 161, Laws of 1877. This section (7), as amended, not to 
affect the towns of Cortlandt and White Plains, Westchester county. 



72 



Consolidated School Act of 1864. 



TITLE 9. 



Bonds of, etc, 



Vacancies, 
etc. 



Corporate 
authorities, 
to raise 
by tax, etc. 



Board to 
submit state- 
ment to 
corporate 
authorities. 



Sums set 
forth and 
voted at spe- 
cial meeting 
not to be 
withheld. 



Tax for 
money voted. 



of their district treasurer, and another collector of the 
moneys to be raised within the same for school purposes, 
who shall severally hold such appointments during the 
pleasure of the board. Such treasurer and collector shall 
each, and within ten days after notice in writing of his 
appointment, duly served upon him, and before entering 
upon the duties of his office, execute and deliver to the 
said board of education a bond, with such sufficient penalty 
and sureties as the board may require, conditioned for the 
faithful discharge of the duties of his office. And in case 
such bond shall not be given within the time specified, 
such office shall thereby become vacant, and said board 
shall thereupon, by appointment, supply such vacancy. 

* § 8. The corporate authorities of any incorporated vil- 
lage or city, in which any such union free school shall be 
established, shall have power, and it shall be their duty, 
to raise, from time to time, by tax, to be levied upon all 
the real and personal property in said city or village, as 
by law provided for the defraying of the expenses of its 
municipal government, such sum or sums as the board of 
education established therein shall declare necessary for 
teachers' wages and the ordinary contingent expenses of 
supporting the schools of said district. The sums so 
declared necessary shall be set forth in a detailed statement 
in writing, addressed to the corporate authorities by the 
board of education, giving the various purposes of antici- 
pated expenditure, and the amount necessary for each ; 
and the said corporate authorities shall have no power to 
withhold the sums so declared to be necessary, and such 
iurther sum or sums to be set forth in a detailed statement 
in writing, addressed to the corporate authorities by the 
board of education, giving the various purjjoses of the 
proposed expenditure, and the amount necessary for each 
which may have been or which may hereafter be author- 
ized by a majority of the voters of such union free school 
district present and voting at any special district meeting 
duly convened, for making additions, alterations or 
improvements to or on the sites or structures belonging to 
the district, or for the purchase of other sites or structures, 
or for a change of sites, or for the erection of new build- 
ings, or for buying apparatus or fixtures, or for such other 
purpose relating to the support and welfare of the school 
as they may, by resolution, approve; and they may direct 
the moneys so voted to be levied in one sum, or by install- ■ 
ments, but no addition to or change of site or purchase of 

* As amended by sec. 1, chap. 548, Laws of 1890. 



Of Union Free Schools. 73 



TITLE 9 

a new site or tax for the purchase of any new site or 
structure, or for the purchase of an addition to the site of 
any school-house, or for building any new school-house Notice of pro- 
or for the erection of an addition to any school-house school buiia° r 
already built shall be voted at any such meeting unless a f£*' Sltcs - 
notice by the board of education stating that such tax will 
be proposed, and specifying the amount and object thereof 
shall have been published once in each week for the four 
weeks next preceding such district meeting, in two news- 
papers, if there shall be two, or in one newspaper if there 
shall be but one, published in such district. But it no 
newspaper shall then be published therein, the said notice 
shall be posted up in at least ten of the most public places 
in said district twenty days before the time of such meet- 
ing. No vote to raise money shall be rescinded, nor the 
amount thereof be reduced at any subsequent meeting, 
unless the same be done within ten days after the same 
shall have been first voted. For the purpose of giving £°^ t0 
effect to these provisions, the corporate authorities are money, 
hereby authorized, whenever a tax shall have been voted 
to be collected in installments for the purpose of building 
a new school-house or building an addition to a school- 
house, or making additions, alterations or improvements 
to buildings or structures belonging to the district, or for 
the purchase of a new site, or for an addition to a site, or 
to borrow so much of the sum voted as may be necessary issue of 
at a rate of interest not exceeding six per cent, and to bonde ' etc - 
issue bonds or other evidences of indebtedness therefor, 
which shall be a charge upon the district, and be paid at 
maturity, and which shall not be sold below par. Said 
bonds or other evidences of indebtedness shall be prepared 
by the board of education, signed by the president and 
secretary thereof, and delivered to the treasurer of the 
incorporated village or city, who shall countersign the same 
and give due notice of the time and place of the sale of Notice of 

, & t n n . , J i iTi- ea ^ e °i bonds. 

such bonds, at least ten days prior thereto, by publication 
twice in two newspapers, if there shall be two, or in one 
newspaper, if there shall be but one published in such 
district. But if no newspaper shall then be published 
therein, the said notice shall be posted up in at least ten 
of the most public places in said district ten days before 
the day of sale. The proceeds of the sale of said 
bonds shall be paid into the treasury of said incorporated 
village or city to the credit of the board of education of 
such district. 



74 



TITLE 9. 

Annual meet- 
ings of boards 
of education. 

Powers of 
annual and 
special 
meetings. 



Moneys to be 
raised in 
installments. 



The notice of 
the proposed 
action must 
he given ; 
manner of 
giving notice. 



Consolidated School Act of 1864. 

* § 9. The annual meeting of the board of education of 
every union free school district shall be held on the first 
Tuesday of September of each year. 

f § 10. A majority of the voters of any union free school 
district, other than those whose limits correspond with an 
incorporated city or village, present at any annual or 
special district meeting, duly convened, may authorize 
such acts and vote such taxes as they shall deem expedient 
for making additions, alterations or improvements to or in 
the sites or structures belonging to the district, or for the 
purchase of other sites or structures, or for a change of 
sites, or for the erection of new buildings, or for buying 
apparatus or fixtures, or for paving the wages of teachers 
and the necessary expenses of the school, or for such 
other purpose relating to the support and welfare of the 
school as they may, by resolution, approve ; and they may 
direct the moneys so voted to be levied in one sum, or by 
installments, but no addition to or change of site or pur- 
chase of a new site or tax for the purchase of any new 
site or structure, or for the purchase of an addition to the 
site of any school-house, or for building any new school- 
house or for the erection of an addition to any school- 
house already built, shall be voted at any such meeting 
unless a notice by the board of education stating that such 
tax will be proposed, and specifying the amount and object 
thereof, shall have been published once in each week for 
the four weeks next preceding such district meeting, 
in two newspapers if there shall be two, or in one news- 
paper if there shall be but one, published in such district. 
But if no newspaper shall then be published therein, the 
said notice shall be posted up in at least ten of the most 
public places in said district twenty days before the time 
of such meeting. And whenever a tax for any of the 
objects hereinbefore specified shall be legally voted the 
board of education shall make out their tax list, and 
attach their warrant thereto, in the manner provided in 
article seven of title seven of this act, for the collection 
of school district taxes, and shall cause such taxes or such 
installments to be collected at such times as they shall 



* As amended by sec. 11. chap. 413, Laws of 1883, and by sec. 8 of cbap. 245, Lawa 
of 1889, and by sec. 2, chap. 548, Laws of 1890, and by sec. 12, chap. 500, Laws of 1893. 

t As amended by sec. 3, chap. 49, Laws of 1884, and by sec. 1, chap. 595 Laws of 
1886, and by chap. 27, Laws of 1888. and by sec. 3, chap. 548, Laws of 1890. 

Note.— By section 4 of chapter 548, Laws of 1890, it is provided that sections 8, 
9 and 10 of title 9 of chapter 555. Laws of 1864, as theretofore amended, and as in 
said chapter 548 of Laws of 1890. amended, were made applicable to all school 
districts established by and organized under special statutes, except those of cities. 
By section 5 of chapter 548, Laws of 1890. all acts, or parts of acts, inconsistent with 
or repugnant to such provisions were thereby repealed. 



Of Union Feeb Schools. 



become due. ISTo vote to raise money shall be rescinded, R ™ n L d f n g 
nor the amount thereof be reduced at any subsequent vote to raise 
meeting, unless the same be clone within ten days after ™duc7ng the 
the same shall have been first voted. For the purpose of v ^ ut 
giving effect to these provisions, trustees or boards of For an addi . 
education are hereby authorized, whenever a tax shall tion > etc - 
have been voted to be collected in installments for the 
purpose of building a new school-house or building an 
addition to a school-house, or making additions, alterations 
or improvements to buildings or structures belonging to 
the district, or for the purchase of a new site or for an 
addition to a site, to borrow so much of the sum voted as 
may be necessary at a rate of interest not exceeding six 
per cent, and to issue bonds or other evidences of indebt- Whe b n J? 0I j£| 
edness therefor, which shall be a charge upon the dis- ca 
trict, and be paid at maturity, and which shall not be 
sold below par ; due notice of the time and place of the 
sale of such bonds shall be given by the board of educa- 
tion at least ten days prior thereto by publication twice in 
two newspapers, if there shall be two, or in one news- 
paper if there shall be but one published in such district. 
But if no newspaper shall then be published therein, the 
said notice shall be posted up in at least ten of the most 
public places in said district ten days before the day of 
sale.* f 

§ 11. Any moneys required to pay teachers' wages in AUm oneys to 
a union free school, or in the academical department tax, and not 
thereof, after the due application of the school moneys by rate bllL 
thereto, shall be raised by tax and not by rate bill. 

§ 12. Every union free school district shall, for all the Every such 
purposes of the apportionment and distribution of school school 
moneys, be regarded and recognized as a school district. dl8trict - 

§ 13. The said board of education of every union free Jjftjj ? f t £j}&" 
school district shall severally have power : powers. 

*^1. To pass such by-laws as they may deem proper for J£jjJ£j e 
the regulation and exercise of their lawful business and 
power. 

2. To establish such rules and regulations concerning Jo^euiate^ 
the order and discipline of the school or schools, in the the school, 
several departments thereof, as they may deem necessary 

to secure the best educational results. 

3. To grade and classify the school or schools of the To grade 
district, and to regulate the admission of pupils and their an c assi y ' 

* Note.— Title to sites, how acquired. Chap. 800, Laws of 1866, on pae;e \22,post. 
t Plans for school buildings. See chap. 6T5, Laws of 1887, on page 132, post. 



76 



Consolidated School Act of 1864. 



TITLE 9. 



To prescribe 
and furnish 
text-books. 



To have 
charge of all 
properties. 



To hold 
real estate. 



To establish 
an academical 
department. 



To regulate 
tuition fees of 
non-resident 
pupils. 



To contract 
with and em- 
ploy teachers 
and remove 
them. 



transfer from one class or department to another, as their 
scholarship shall warrant. 

4. To prescribe the text-books to be used in the schools, 
and to compel a uniformity in the use of the same, and to 
furnish the same to pupils out of any moneys provided for 
that purpose. 

5. To take charge and possession of the school-houses, 
sites, lots, furniture, books, apparatus, and all school prop- 
erty within their respective districts ; and the title of the 
same shall be vested respectively in said board of educa- 
tion, and the same shall not be subject to taxation for any 
purpose. 

6. To take and hold for the use of the said schools or of 
any department of the same, any real estate transferred to 
it by gift, grant, bequest or devise, or any gift, legacy 
or annuity, of whatever kind, given or bequeathed to the 
said board, and apply the same, or the interest or proceeds 
thereof, according to the instructions of the donor or 
testator. 

* 7. To have, in all respects the superintendence, man- 
agement and control of said union free schools, and to 
establish in the same an academical department, whenever 
in their judgment the same is warranted by the demand for 
such instruction ; to receive into said union free schools 
any pupils residing out of said district, and to regulate 
and establish the tuition fees of such non-resident pupils 
in the several departments of said schools ; provided, that 
if such non-resident pupils, their parents or guardians, 
shall be liable to be taxed for the support of said schools 
in the districts, or either of them, on account of owning 
property therein, the amount of any such tax paid by a 
non-resident pupil, his parent or guardian shall be 
deducted from the charge for tuition ; to provide fuel, 
furniture, apparatus and other necessaries for the use of 
said schools, and to appoint such librarians as they may 
from time to time, deem necessary. 

f 8. To contract with and employ qualified teachers in 
the several departments of instruction, in all not less than 
one for every fifty pupils attending such schools ; to remove 
them at any time for neg.ect of duty or for immoral con- 
duct, and to pay the wages of such teachers out of the 
moneys appropriated for that purpose. £11 

* As amended by chap. 134, Laws of 1879; also, see chap. 413, Laws of 1884, on 
Page 134, post. 
tAs amended by sec. 17 chap. 647, Laws of 1865. 

X Note.— Contracts to be in writing. Chap. 335. Laws of 1887, on pnge 134, post. 
|| Teachers to be paid as often as once each month. Idem. 



Of Union Free Schools. 77 



r TT r TT F 1 Q 

* 9. To fill any vacancy which may happen in said board To flll vacan _ 
by reaon of the death, resignation, removal or refusal to ^ a , r 1 d ntlie 
serve of any member or officer of said board ; and the 
person so appointed in the place of any such member 
of the board shall hold his office until the next election of school 
trustees, as by this act provided. In case of the failure of s^™ may 
such board to fill such vacancy, and in case no special mi vacancy. 
election is ordered for filling the same for a period of 
thirty days, the same may be filled by the school commis- 
sioner having jurisdiction. The superintendent of public en?may^or<?er 
instruction may order a special election to be held in any |^ c c t ^ n> 
district for the purpose of filling such vacancy and when 
such special election is ordered the vacancy shall not be 
filled otherwise. 

10. To remove any member of their board for official m °mbers V of 
misconduct. But a written copy of all charges made of the board, 
such misconduct shall be served upon him at least ten days 
before the time appointed for a hearing of the same ; and 

he shall be allowed a full and fair opportunity to refute 
such charges before removal. 

11. And generally to possess all the powers and privi- p°J* e a r V o f a11 
leges, and be subject to all the duties in respect to the trustees of 
common schools, or the common school departments in trictsandof 
any union free school in said districts, which the trustees academies^ 
of common schools now possess or are subject to, not l 
inconsistent with the provisions of this title ; and to enjoy, 
whenever an academical department shall be by them 
established, all the immunities and privileges now enjoyed 

by the trustees of academies in this state. 

fl2. In any incorporated village having a population of Infof^choois 
five thousand and upwards, or in any union free school jn certain 
district having a like population, which fact shall in either 
case be determined by the state superintendent of public 
instruction, as provided in section six of title three of this 
act, the board of education in any such village or union 
free school district may appoint a superintendent of schools. 
Such superintendent shall be under the direction of the 
board of education, which shall prescribe his powers and 
duties. He shall be paid a salary from the teachers' fund 
to be fixed by the board of education, and he may be 
removed from office by a vote of the majority of all the 
members of such board. Whenever such superintendent 
shall be appointed, the said union free school district shall 
be entitled to the benefits of the provisions of section six 

*As amended by chap. 331, Laws of 1888. 
t Added by sec. 2 of chap. 90, Laws of 1889. 



78 



TITLE 9. 



Special and 
annual meet- 
ings in cer- 
tain union 
districts, how 
called. 



Boards to 
keep record 
of proceed- 
ings open to 
public 
inspection. 
Boards to 
publish annu- 
ally detailed 
statement of 
receipts and 
disburse- 
ments. 



Board to re- 
port estimate 
of expenses 
to annual 
meeting. 



May make 
eueh state- 
ment at any 
time. 



Powers of 

inhabitants 

thereupon. 



Consolidated School Act of 1864. 

of title three of chapter five hundred and fifty-five of the 
laws of one thousand eight hundred and sixty-four, and the 
amendments thereto. 

* § 14. In union free school districts, other than those 
whose limits correspond with any city or incorporated vil- 
lage, the board of education shall have power to call 
special meetings of the inhabitants, in the manner pro- 
uided in section ten of title nine of this act, and shall in 
like manner give notice of the time and place of holding 
the annual school district meeting, which shall be held on 
the fourth Tuesday of August in each } T ear. The pro- 
ceedings of no such special meeting shall be held illegal 
for want of a due notice to all the persons qualified to 
vote thereat unless it shall appear that the omission to 
give such notice was willful and fraudulent. 

f § 1 5. It shall he the duty of said hoard to keep an 
accurate record of all its proceedings in hooks provided 
for that purpose, which hooks shall he open for p> u olic 
inspection at all reasonable hours. It shall he the duty 
of said hoard to cause to he published once in each year, 
and twenty days next before the annual meeting of the 
district, in at least one public newspaper printed in such 
district, a full and detailed account of all moneys received 
by the board or the treasurer of said district, for its 
account and use, and of all the money expended therefor, 
giving the items of expenditure in full • shoxdd there be 
no pap>er published in said district said board shall pub- 
lish such account by notice to the taxpayers, by posting 
copies thereof in five public places in said district. No 
member of said board shall be personally interested in 
any contract made by said board. It shall be the duty 
of the board, at the annual meeting of the district, besides 
any other report or statement required by law, to present 
a detailed statement in writing of the amount of money 
which will be required for the ensuing year for school 
purposes, exclusive of the public moneys, specifying the 
several purposes for which it will be required, and the 
amount for each, but nothing in this section contained 
shall be construed to prevent the board from presenting 
such statement at any special meeting called for the pur- 
pose, nor from presenting a supplementary and amended 
statement or estimate at any time. 

§ 16. After the presentation of such statement, the 

* As amended by chap. 413, Laws of 1883, and by sec. 9, chap. 245, Laws of 1889, 
and by sec. 13, chap. 500, Laws of 18'.»3. 
t As amended by sec. 1, chap. 485, Laws of 1893. 



Of Union Free Scaools. 79 



question shall be taken upon voting the necessary taxes to 
meet the estimated expenditures, and when demanded by 
any voter present, the question shall be taken upon each 
item separately, and the inhabitants may increase the 
amount of any estimated expenditures or reduce the same, 
except for teachers' wages, and the ordinary contingent 
expenses of the school or schools. 

* § 17. If the inhabitants shall neglect or refuse to vote mayTevytex 
the sum or sums estimated necessary for teacher's wages, 7^°^^ 
after applying thereto the public school moneys, and other inhabitants, 
moneys received or to be received for that purpose, or if 
they shall neglect or refuse to vote the sum or sums esti- 
mated necessary for ordinary contingent expenses, the 
board of education may levy a tax for the same, in like 
manner as if the same had been voted by the inhabitants, en "t todecjde 

§ 18. If any question shall arise as to what are ordinary asto^wt^tare 
contingent expenses the same may be referred to the " contingent 
superintendent of public instruction, by a statement in expeD 
writing, signed by one or more of each of the opposing 
parties upon the question, and the decision of the super- 
intendent shall be conclusive. 

8 19. It shall be the duty of each of the said boards of Board to meet 

-i • i n ,,,i •• » ,,.. ;•,! once in each 

education, elected pursuant to the provisions oi this title, quarter. 
to have a regular meeting at least once in each quarter, 
and at such meetings to appoint one or more committees, 
to visit every school or department under the supervision Visit schools, 
of said board, and such committees shall visit all said e 
schools at least twice in each quarter, and report at the 
next regular meeting of the board on the condition and 
prospects thereof. 

§ 20. It shall also be the duty of said boards, respectively, Expenditure 
to have reference in all their expenditures and contracts ofmoney- 
to the amount of moneys which shall be appropriated, or 
subject to their order or drafts, during the current year, 
and not to exceed that amount. And said boards shall 
severally apply all the moneys apportioned to the common 
school districts under their charge, to the departments 
below the academical ; and all moneys from the literature 
fund or otherwise, appropriated for the support of the 
academical department, to the latter departments. 

§ 21. All moneys raised for the use of the union free Money to be 
schools in any city or incorporated village, or apportioned f a ge or city 
to the same from the income of the literature, common trea9ur y- 
school or United States deposit funds, or otherwise, shall 
be paid into the treasury of such city or village, to the 

* As amended by sec. 5 of chap. 328, Laws of 1889. 



80 Consolidated School Act of ISO!. 

credit of the board of education therein ; and the funds 
so received into such treasury shall be kept separate and 
distinct from any other funds received into the said 
Additional treasury. And the officer having the charge thereof shall 
be C given t by give such additional security for the safe custody thereof 
officer. as the corporate authorities of such city or village shall 

Moneys, require. No money shall he drawn from such funds, 
how rawn. crec jjt e( -i to the several boards of education, unless in pur- 
suance of a resolution or resolutions of said board, and on 
drafts drawn by the president and countersigned by the 
secretary, payable to the order of the person or persons 
entitled to receive such money, and stating on their face 
the purpose or service for which such moneys have been 
authorized to be paid by the said board of education, 
payment, die- § 22. All moneys raised for the use of said union free 
and B ac«>unt- schools, other than those whose limits correspond with 
moneys! 011001 tnose °f anv cities and incorporated villages, or appor- 
tioned from the income of the literature or common school 
or United States deposit funds, or otherwise, shall be paid 
to the respective treasurers of the said several boards of 
education entitled to receive the same, and be by them 
applied to the uses of said several boards, who shall 
annually render their accounts of all moneys received and 
expended by them for the use of said schools, with every 
voucher for the same, and certified copies of all orders of 
the said boards touching the same, to the school commis- 
sioner of the town in which the principal school-house of 
the district is located. 
Academical § 23. Every academical department, established as 
sutye'cTto 11 aforesaid, shall be under the visitation of the regents of 
regents. ^he university, and shall be subject, in its course of educa- 
tion and matters pertaining thereto (but not in reference 
to the buildings or erections in which the same is held), 
to all the regulations made in regard to academies by the 
Qualifications said regents. In such departments the qualifications for 
of pupils. the entrance of any pupil shall be as high as those estab- 
lished by the said regents for participation in the literature 
fund of any academy of the state under their supervision. 
May adopt § 24. Whenever a union free school shall be established 

academy under the provisions of this title, and there shall exist 
therefor 1 ' 6 within its district an academy, the board of education, if 
thereto authorized by a vote of the voters of the district, 
may adopt such academy as the academical department 
of the district, with the consent of the trustees of the 
academy, and thereupon the trustees, by a resolution to 
be attested by the signatures of the officers of the board, 



Of Schools for Colored Children 81 



and filed in the office of the clerk of the county, shall TITLE w- 
declare their offices vacant, and thereafter the said 
academy shall be the academical department of such 
union free school. 

*§ 25. Every union free school 'district, in all its depart- visitation 
ments, shall be subject to the visitation of the superintend- =ion bunion 
ent of public instruction. He is charged with the g^te° ls ' by 
general supervision of its board of education and their intendent. 
management and conduct of all its departments of instruc- 
tion. And every board of education shall annually, Annual 
between the twenty-fifth day of July, and the first Tues- boards^ 7 
day of August, make to the commissioner having juris- educat i°n. 
diction, and deposit in the town clerk's office, a report for 
the preceding school year of all matters and things which 
trustees of a school district are required to report, and of 
all such other matters and things as the superintendent shall, 
from time to time, require ; and shall also, whenever special re - 
thereto required by the superintendent of public instruc- re°quired hen 
tion, report fully to him upon any particular matter or 
thing ; and such report shall be in such form, and so 
authenticated, as the superintendent shall, from time 
to time, require. 

§ 26. For cause shown, and after giving notice of the superin- 
charge and opportunity of defense, the superintendent of remove a™ y y 
public instruction may remove any member of a board Seboard.' 
of education. Willful disobedience of any lawful require- 
ment of the superintendent, or a want of due diligence in 
obeying such requirement is cause of removal. 

§ 27. The provisions of this title shall apply to all union Thi8 title 
free schools heretofore organized pursuant to the provi- *v? h f to t h 
sions of chapter four hundred and thirty-three of the laws iished under " 
of eighteen hundred and fifty-three, f ' theactofisss. 

TITLE X. 

£ OF SCHOOLS FOR COLORED CHILDREN. 

Section 1. The school authorities of any city or colored 
incorporated village, the schools of which are or shall be cniesand 
organized under title nine of this act, or under special villages. 
act, may, when they shall deem it expedient, establish a 
separate school or separate schools for the instruction of 
children and youth of African decent, resident therein 

* As amended by chap. 413, Laws of 1883, and by chap. 340, Laws of 1885, and by 
sec. 10 of chap. 245, Laws of 1889. 

t Note.— Proceedings to dissolve union free school districts. See chap. 210, 
Laws of 1880, as amended, on page 137, post. 

X See chap. 248, Laws of 1884, on page 100, post, in relation'to colored schools in 
New York city. 

6 



82 



TITLE 11. 



Colored 
schools in 
union free 
school 
district. 



Teacher must 
be legally 
qualified. 



Repealed. 



Commis- 
sioner to hold 
institute. 



To give due 
notice, etc. 



Superintend- 
ent to advise, 
employ teach- 
ers, etc. 



Consolidated School Act of 1864. 

and over five and under twenty-one years of age; and 
such school or schools shall be supported in the same 
manner and to the same extent as the school or schools 
supported therein for white children, and they shall be 
subject to the same rules and regulations, and be furnished 
with facilities for instruction equal to those furnished to 
the white schools therein. 

§ 2. The trustees of any union school district, or of any 
school district organized under a special act, may, when 
the inhabitants of any such district shall so determine, by 
resolution, at any annual meeting, or at a special meeting- 
called for that purpose, establish a separate school or 
separate schools for the instruction of such colored 
children resident therein, and such schools shall be sup- 
ported in the same manner and receive the same, care, 
and be furnished with the same facilities for instruction, 
as the white schools therein. 

§3. No person shall be employed to teach any of such 
schools who shall not, at the time of such employment be 
legally qualified. 

§ 4. (Section 4 repeals section 147 of chapter 480, Laws 
of 1847.) 

TITLE XL 
teachers' institutes. 

Section 1. It shall be the duty of every school com- 
missioner, at least once in each year, to organize in his 
own district or, in concert with one or more commission- 
ers in the same county, to organize in and for the com- 
bined districts, a teachers' institute, and to induce, if 
possible, all the teachers in his district to be present and 
take part in its exercises. 

§ 2. The commissioner or commissioners, subject always 
to the advice and direction of the superintendent of pub- 
lic instruction, shall, in such form and manner as may be 
deemed most effectual, give public notice to the teachers 
of the district, or combined districts, and to all others who 
may desire to become such, of the time when and the 
place where the institute will be organized. 

§ 3. The superintendent of public instruction shall advise 
and co-operate with the school commissioners in fixing 
the times and places of holding the teachers' institute ; 
and he shall have power to employ, or cause the school 
commissioner to employ, suitable persons, at a reasonable 
compensation, to conduct and teach the institutes ; and he 
shall visit, or cause to be visited by persons employed in 



Of Teachers' Institutes. 83 



T TTT P 11 

the department of public instruction, such and so many 
of the institutes as he possibly can, for the purpose of 
examining into the course and manner of instruction pur- 
sued, and of rendering such assistance as he may find 
expedient ; and he shall establish the basis upon which ^ h ° e ^g h s ^ 
the yearly appropriation for the support of teachers' insti- apportion- 
tutes shall be distributed to the several institutes, and the men ' 
term or terms during which the same may be held, having 
reference, in the establishment of such regulations, to the 
number of teachers in the county, district or combined 
districts, and in attendance at the institute, to the length 
of time during which they shall be held, to the facilities 
for attendance upon them, and to local disadvantages 
requiring especial consideration. 

* § 4. The superintendent of public instruction may supenn- 
establish such regulations in regard to certificates of quali- et?abHeh may 
fication or recommendation, which may be issued by school regulations, 
commissioners, as will, in his judgment, furnish incentives 
and encouragement to teachers to attend the institutes ; and Teachers may 
the closing of his school by a teacher for the time during an°d notvltt- 
which an institute shall be held in and for the county or ate contract, 
school commissioner district in which his school is, and 
which institute he shall have attended during the time for 
which he closed his school, shall not work a forfeiture of 
the contract under which he is teaching. 

f § 5. The trustees of every school district are hereby Trustees 
directed to give the teacher or teachers employed by them give C teachers 
the whole of the time spent by such teacher or teachers in time spent at 

institute 

attending at any regular session or sessions of an institute 
in a county embracing the school district, or a part thereof, 
without deducting anything from his or their wages for 
the time so spent, and in order to secure to teachers the 
full exercise of this privilege (after the twentieth day of 
August, eighteen hundred and eighty-five), all schools in schools shall 
school districts and parts of school districts, not included • n e g c ^| e t '- m e r ' 
within the boundaries of an incorporated city, or certain an institute is 
union free school districts hereinafter referred to, shall be the county, 
closed during the time a teachers' institute shall be in 
session in the same county in which such schools are 
situated. In union free school districts having a popula- Average 
tion of more than five thousand, and employing a super- I'nTetefng* 
intendent whose time is exclusively devoted to the super- ^j,™? 11 " 5 
vision of the schools therein, the schools may be closed or so closed, 
not, at the option of the board of education in said dis 

* As amended by sec. 9, chap. 340, Laws of 1885. 

t As amended by sec. 23, chap. 406, Laws of 1867, and by sec. 10, chap. 340, Laws 
f 1885, and by sec. 1, chap. 524, Laws of 1890. 



84 Consolidated School Act of 1864. 



tricts. In the apportionment of public school money, the 
schools thus closing in any school term shall be allowed 
the same average pupil attendance during such time, as 
was the average weekly aggregate during that part of the 
term when the school was not thus closed, and any school 
continuing its sessions in violation of the above provision 
shall not be allowed any public money based upon the 
aggregate pupil attendance during the days the school 
Trustees to was thus kept in session. Trustees and boards of educa- 
tion in such school districts and parts of school districts 
shall report, in their annual reports to the school commis- 
sioners, the number of days and the dates thereof on 
which a teachers's institute was held in their counties 
during the school year, and whether schools under their 
when district charge were or were not closed during such days; and 
w1th C the P iaw whenever the trustees' report shows a district school has 
tendentmay 1;)een supported f or the full time required b} r law, including 
include ue the time spent by the teacher or teachers in their employ 
apportion- in attendance upon such institute, and that the trustees 
uc e mon f ey Ub " have given the teacher or teachers the time of such 
absence, and have not deducted anything from his or their 
wages on account thereof, the superintendent of public 
instruction may include the district in his apportionment 
of the state school moneys, and direct that it be included 
b} r the school commissioner or commissioners in their 
apportionment of school moneys; provided, always, that 
such school district be in all other respects entitled to be 
included in such apportionment. 
Mode of I 6. The treasurer shall pay, on the warrant of the 

comptroller, to the order of any one or more of the school 
commissioners, such sum or sums of money as the super- 
intendent of public instruction shall certify to be due 
to them for expenses in holding a teachers' institute ; 
and, upon the dike warrant and certificate, to the order 
of any persons employed by the superintendent to conduct 
and teach any teachers' institute, his reasonable compen- 
sation as certified by the superintendent. 
To transmit § 7. The school commissioner or commissioners by 
reporftoth'e whom any teachers' institute shall be organized, shail 
tendent' transmit to the superintendent of public instruction a 
catalogue of the names of all persons who shall have 
attended such institute, with such other 'statistical infor- 
mation in such form and within such time, as may be pre- 
scribed by said superintendent. 



Appeals to Superintendent of Public Instruction. 85 



title 12. 
TITLE XII. 

APPEALS to the superintendent of public instruction. 

Section 1. Any person conceiving himself aggrieved mayappeah 
in consequence of any decision made : 

1. By any school district meeting ; From what. 

2. By any school commissioner or school commissioners 
and other officers, in forming or altering, or refusing to 
form or alter, any school district, or in refusing to appor- 
tion any school moneys to any such district or part of a 
district. 

3. By a supervisor in refusing to pay any such moneys 
to any such district ; 

4. By the trustees of any district in paying or refusing 
to pay any teacher, or in refusing to admit any scholar 
gratuitously into any school ; 

5. By any trustees of any school district library con- ibid, 
cerning such library, or the books therein, or the use of 
such books ; 

6. By any district meeting in relation to the library ; ibid. 

7. By any other official act or decision concerning any ibid, 
other matter under this act, or any other act pertaining to 
common schools, may appeal to the superintendent of 
public instruction, who is hereby authorized and required 

to examine and decide the same ; and his decision shall Su £ er j nt ?° d L 

j, t -, . ' , . . ent's decision 

be final and conclusive, and not subject to question or final, 
review in any place or court whatever. 

§ 2. The superintendent, in reference to such appeals, Power of su- 
shall have power : 

1. To regulate the practice therein ; 

2. To determine whether an appeal shall stay proceed- when appeal 
ings, and prescribe conditions upon which it shall or shall proceedings. 
not so operate ; 

3. To decline to entertain or to dismiss an appeal, when when appeal 

in i i n i • • j.i will not be 

it shall appear that the appellant has no interest in the entertained, 
matter appealed from, and that the matter is not a matter 
of public concern, and that the person injuriously affected 
by the act or decision appealed from is incompetent to 
appeal. 

4. To make all orders, by directing the levying of taxes 
or otherwise, which may, in his judgment, be proper or 
necessary to give effect to his decision. 

§ 3. The superintendent shall file, arrange in the order superin- 

ii TGiinpnt snfl.ll 

of time, and keep in his office, so that they may be at all me papers, 
times accessible, all the proceedings on every appeal to 



86 



TITLE 13. 



Copies of 



School 

moneys, pen- 
alties for 
their loss. 



Penalty for 
neglect to 
prosecute. 



Consolidated School Act of 1864. 

him under this title, including his decision and orders 
founded thereon ; and copies of all such papers and pro- 
be C attested ay ceedings, authenticated by him under his seal of office, 
b y- shall be evidence equally with the originals. 

TITLE XIII. 

MISCELLANEOUS PROVISIONS. 

Section 1. Whenever the share of school moneys or any 
portion thereof, apportioned to any town, school district 
or separate neighborhood, or any money to which a town, 
school district or separate neighborhood would have been 
entitled, shall be lost, in consequence of any willful neglect 
of official duty by any school commissioner, town clerk, 
trustees or clerks of school districts, the officer or officers 
guilty of such neglect shall forfeit to the town, school 
district or separate neighborhood so losing the same, the 
full amount of such loss with interest thereon. 

§ 2. Where any penalty for the benefit of a school dis- 
rict, or of the schools of any school district, town, school 
commissioner district or county, shall be incurred, and the 
officer or officers, whose duty it is by law to sue for the 
same, shall willfully and unreasonably refuse or neglect 
to sue for the same, such officer or officers shall forfeit the 
amount of such penalty to the same use, and it shall be 
the dut} 7 of their successor or successors in office to sue 
for the same. 

* § 3. (This section, which provided a penalty for dis- 
turbing a school meeting, was repealed by subdivision 39 
of section 1 of chapter 593, Laws of 1886.) 

f § 4. It shall be the duty of the trustees of the district, 
or the teacher of the school, and he shall have power, to 
enter a complaint against such offender before any justice 
of the peace of the county, or the mayor or any alder- 
man, recorder or other magistrate of the city wherein the 
offense was committed. The magistrate or other officer 
before whom the complaint is made shall thereupon by 
his warrant, directed to any constable or person, cause the 
person complained of to be arrested and brought before 
him for trial. If such person, on the charge being stated 
to him, shall plead guilty, the magistrate shall convict 
him ; and if he demands a trial by the magistrate, shall 
summarily try him ; and, if he demands a trial by jury, 
the magistrate shall issue a venire, and impanel a jury for 

* Section 448 of the Penal Code applies in such cases. 

tNoTB. — This section refers to a person who shall willfully disturb, interrupt or 
disquiet any school or school meeting. 



Repealed. 



Procedure. 



Miscellaneous Provisions. 87 



his trial, and he shall be tried in the same manner as in a 
court of special sessions. 

§ 5. If any person convicted of the said offense do not Penalty, 
immediately pay the penalty, with the costs of the prose- 
cution, or give security to the satisfaction of the magis- 
trate for the payment thereof within twenty days, the 
magistrate or other officer shall commit him to the com- 
mon jail of the county, there to be imprisoned until the 
penalty and costs be paid, but not exceeding thirty days. 

§ 6. In any action against a school officer or officers, Actions 

it J p . •,.,.' against 

including supervisors of towns, m respect to their duties school 
and powers under this act, for any act performed by virtue ° cers " 
of or under color of their offices, or for any refusal or 
omission to perform any duty enjoined by law, and which 
might have been the subject of an appeal to the superin- 
tendent, no costs shall be allowed to the plaintiff, in cases 
where the court shall certify that it appeared on the trial 
that the defendants acted in good faith. But this pro- 
vision shall not extend to suits for penalties, nor to suits or 
proceedings to enforce the decisions of the superintendent. 

* § 7. Whenever the trustees of any school district, or Actions by 

school o"pi- 

any school district officer or officers, have been or shall be cer?, costs 
instructed by a resolution of the district, at a meeting aiiowe<E enses 
called for that purpose, to defend any action brought 
against them, or to bring or defend an action or proceed- 
ing touching any district property or claim of the district, 
or involving its rights or interests, or to continue any 
such action or defense, all their costs and reasonable 
expenses, as well as all costs and damages adjudged against 
them, shall be a district charge and shall be levied by tax. 
If the amount claimed by them be disputed by a district 
meeting, it shall be adjusted by the county judge of any 
county in which the district or any part of it is situated. 

§ S. Whenever such trustees or any school district Action with- 
officer shall have brought or defended any such action or of disulc" 011 
proceeding, without any such resolution of the district £owpaid! 
meeting, and after the final determination of such suit or 
proceeding, shall present to any regular meeting of the 
inhabitants of the district an account in writing of all 
costs, charges and expenses paid by him or them, with the 
items thereof, and verified by his or their oath or affirma- 
tion, and a majority of the voters at such meeting shall so 
direct, it shall be the duty of the trustees to cause the 
same to be assessed upon and collected of the taxable 
property of said district, in the same manner as other 

* As amended by chap. 174, Laws of 1878. 



88 



TITLE 13. 



When the dis 
trict refuse, 
what action. 



Notice to 
be given. 



District may 
appoint 
inhabitant 
to protect 
interests. 



Expenses in- 
curred a dis- 
trict charge. 



Consolidated School Act of 1864. 

taxes are by law assessed and collected ; and, when so col- 
lected, the same shall be paid over, by an order upon the 
collector, to the officer or officers entitled to receive the 
same ; but this provision shall not extend to suits for penal- 
ties, nor to suits or proceedings to enforce the decisions 
of the superintendent of public instruction. 

* § 9. Whenever an officer or officers mentioned in the 
last preceding section of this act shall have complied 
with the provisions of said section, and the inhabitants 
shall have refused to direct the trustees to levy a tax 
for the payment of the costs, charges and expenses 
therein mentioned, it shall be lawful for him or them, 
then and there, to give notice orally and publicly, that 
he will appeal to the county judge of the county ; 
and in case of his disability to act in the matter by 
reason of being disqualified, or otherwise, then to the 
district attorney of the county in which the school-house 
of said district is located, from the refusal of said meet- 
ing to vote a tax for the payment of said claim, and the 
inhabitants may, then or there, or at any subsecment 
district meeting, appoint one or more of the inhabitants of 
the district to protect the rights and interest of the district 
upon said appeal. And the officer or officers before men- 
tioned shall thereupon, within ten days, serve upon the 
clerk of said district (or if there be no such clerk, upon the 
town clerk of the town) a copy of the aforesaid account, 
so sworn to, together with a notice, in writing, that on a 
certain day therein specified he or they intend to present 
such account to the county judge or to the district attorney, 
as the case may be, for settlement. And the clerk shall 
record such notice, together with the copy of the account, 
and the same shall be subject to the inspection of the 
inhabitants of the district. And it shall be the duty of the 
person or persons appointed by any district meeting for 
that purpose, to appear before the county judge or the dis- 
trict attorney, as the case may be, on the day mentioned 
in the notice aforesaid, and to protect the rights of the 
district upon such settlement ; and the expenses incurred 
in the performance of this duty shall be a charge upon 
said district, and the trustees, upon presentation of the 
account of such expenses, with the proper voucher therefor, 
may levy a tax therefor, or add the same to any other tax 
to be levied by them ; and their refusal to levy said tax 
for the payment of said expenses, shall be subject to an 
appeal to the superintendent of public instruction. 

* As amended by sec. 1, chap. 746, Laws of 1871. 



Miscellaneous Provisions. 89 



*§ 10. Upon the appearance of the parties, or upon due County j udge 
proof of service of the notice and copy of the account, ,0 heaT 
the county judge shall examine into the matter and hear decide, 
the proofs and allegations propounded by the parties, and 
decide by order whether or not the account, or any 
and what portion thereof, ought justly be charged upon 
the district, with costs and disbursements to such officer 
or officers, in his discretion, which costs and disbursements 
shall not exceed the sum of thirty dollars, and the decision 
of the county judge shall be final ; but no portion of such 
account shall be so ordered to be paid which shall appear 
to such judge to have arisen from the willful neglect or 
misconduct of the claimant. The account with the oath 
of the party claiming the same shall be prima facie evi- 
dence of the correctness thereof. The county judge may 
adjourn the hearing from time to time, as justice shall 
seem to require. 

§ 11. It shall be the duty of the trustees of anv school order to be 

o »y */ recorded. 

district, within thirty days after service of a copy of such 
order upon them, or upon the district clerk, and notice 
thereof to them, or any two of them, to cause the same to 
be entered at length in the book of record of said district, 
and to raise the amount thereby directed to be paid, by a 
tax upon the district, to be by them assessed and levied in 
the same manner as a tax voted by the district. 

§12. For the support of the Indian schools, already Indian 
established and which may be established, under authority sch00ls - 
of chapter seventy-one of the laws of eighteen hundred 
and fifty-six, the superintendent of public instruction, in 
his annual general apportionment of the state school 
moneys appropriated for the support of common schools, 
shall make an equitable apportionment, as provided by 
section six of title three of this act ; and the moneys which 
shall be thus apportioned, and those which have been 
apportioned for their support, under authority of section 
four, chapter seventy one of the laws of eighteen hun- 
dred and fifty -six, shall be paid out of the treasury for 
expenditures authorized by law and actually incurred in 
the support of such schools, upon the warrant of the super- 
intendent, countersigned b} 7 the comptroller. 

§ 13. The superintendent of public instruction, so soon publication 
as may be after the passage of this act, shall prepare and statute, etc. 
cause to be printed, and distribute among the school dis- 
tricts of the state, to each one copy, an edition of this 
statute, with brief annotations embodying such of the 

* As amended by chap. 514, Laws of 1874. 



90 



Consolidated School Act of 1864. 



TITLE 13. 



Repeal of 
other acts. 



decisions of the courts of the state, and of the superin- 
tendents of common schools and the superintendents of 
public instruction as are applicable thereto, and such com- 
ments, explanations and instructions as he shall deem 
necessary or expedient, and the same shall be deposited 
with the district clerk, and kept by him for the use of the 
inhabitants. * 

§ 14. All provisions of law repugnant to or inconsistent 
with the provisions of this act are hereby repealed, saving 
always all rights of action vested under such prior pro- 
visions, and proceedings commenced for the assertion 
thereof; but nothing herein contained, unless it be so 
expressed, shall be construed, unless by inevitable implica- 
tion, to revive any act or portion of an act heretofore 
repealed ; nor to impair or in any manner affect or change 
any special law touching the schools or school system of 
any city or incorporated village of the state. 

* Note. — Chap. 672, Laws of 1887, provides that trustees shall be the custodians 
o' the Code (edition of 1887), and they are made responsible for its safe-keeping. 
See page 152, post. 



GENERAL STATUTES. 



The following provisions of law while not amending 
any particular title of the consolidated school act, chapter 
555, Laws of i86±, relate thereto by separate and distinct 
enactments, and form a part of the general school law : 

AMERICAN MUSEUM OF NATURAL HISTORY. 



CHAP. 428. 

AN ACT to provide for a course of free instruction in 
natural history, and making an appropriation for the 
support thereof. 

Passed May 20, 1886. 
Section 1. The state superintendent of public instruc- state super- 
tion is hereby authorized and empowered to make and authorized to 
enter into an agreement with the American Museum of American* 1111 
Natural History in the city of New York, for a term not M useu, P°* 

Natural His- 

to exceed two years, to supply, furnish and maintain in toryiora 
connection with said museum a course of free instruction fneanfction 66 
to be given and illustrated by the curators of said to teacher*, 
museum, on human and comparative anatomy, physiology, 
zoology, physical geography, and such other subjects as 
the said superintendent of public instruction may require, 
to the teachers of the common schools, the normal schools 
of the State, the normal college of the city of New York, 
and the training school for teachers in the city of 
Brooklyn, who may desire to avail themselves of this 
training, and to provide for at least one lecture every 
year during the term of said agreement, to be delivered 
on one or more of said subjects at each of the several 
normal schools of the State, the normal college of the 
city of New York and the training school for teachers in 
the city of Brooklyn, and to supply to the said normal 
schools and said normal college and training school, and 
to the public schools of the city of New York and Brook- 



92 



General Acts Relating to Schools. 



CHAP. 337, 

1888. 

Appliances, 
plates and 
apparatus to 
be furnished. 

State superin- 
tendent 
authorized to 
contract with 
said museum 
for free in 
struction to 
artisans, etc. 



Appropria- 
tion for. 



lyn, and to any common school, on the application of its 
trustees, all such appliances, plates and apparatus as may 
be necessary for the proper presentation to their teachers 
and pupils of this instruction. 

§ 2. The state superintendent of public instruction is 
hereby authorized also to make and enter into a contract 
with said museum for repeating the aforesaid information 
to artisans, mechanics and other citizens, when a lecture 
hall capable of seating at least one thousand persons, and 
other necessary rooms shall have been erected by said city 
as an extension of the building now in possession of said 
museum. 

§ 3. The sum of eighteen thousand dollars is hereby 
appropriated for the support and maintenance of said 
course of free instruction for the fiscal year beginning on 
the first day of October, eighteen hundred and eighty-six, 
and said sum of eighteen thousand dollars shall be appro- 
priated annually for the support and maintenance of said 
course of free instruction during the term of said agreement. 

§ 4. This act shall take effect immediately. 



Agreement 
with Ameri- 
can Museum 
of Natural 
History, re- 
newal of. 



CHAP. 337. 

AN ACT to continue free instruction in natural history 
to certain institutions and making an appropriation 
therefor. 

Passed May 19, 1888. 

Section 1. The state superintendent of public instruction 
is hereby authorized to enter into an agreement with the 
American Museum of Natural History, in the city of New 
York, for continuing the instruction in natural history to 
the several state normal schools, the normal college of the 
city of New York, the training school for teachers in 
the city of Brooklyn, and the teachers in the common 
schools of the city of New York, Brooklyn and vicinity, 
authorized by chapter four hundred and twenty-eight of 
the laws of eighteen hundred and eighty-six, for the 
further term of two years from the termination of the 
instruction in agreement authorized by said act; and he may also 
extend such instruction to the teachers' institutes in the 
different counties of the state, if he shall think advisable. 
§ 2. The sum of fifteen thousand dollars, payable from 
the free school fund, is hereby appropriated for the 
support and maintenance of said course of instruction, 
for the year beginning on the first day of October, 



teachers' in 
stitutes. 



Appropria- 
tion for. 



To Continue Free Instruction in Natural History. 93 



eighteen hundred and eighty-eight, and the sum of fifteen CB ms. 6 ' 
thousand dollars shall be appropriated annually for the 
support and maintenance of said course of instruction 
during the term of the agreement authorized by this act. 



CHAP. 6. 

AN ACT to continue free instruction in natural history 

geography and kindred subjects to certain institutions' 

and making an appropriation therefor. 

Approved by the Governor January 26, 1893. Passed, three fifths 
being present. 

Section 1. The state superintendent of public instruc- Agreement 
tion is hereby authorized to enter into an agreement with can MuTeum' 
the American Museum of Natural History, in the city of Hi^tory're- 
New York, for continuing the instruction in natural his- newaiof. 
tory, geography and kindred subjects to the several state 
normal schools, the normal college of the city of New Natural 1 h^ 1 - 11 
York, the training school for teachers in the city of t01 T to v, n ^L" 

t-»-ii i y ■ , . - . . , , . ™ J . mal schools, 

Brooklyn, the teachers institutes in the different counties training 
of the state, and to the teachers in the common schools of teacher°in 
the city of New York, Brooklyn and vicinity, authorized fea^'rVin 
by chapter four hundred and twenty-eight of the laws of common 

i/ jl d zj schools Ol 

eighteen hundred and eighty-six, by chapter three hundred New York, 
and thirty-seven of the laws of eighteen hundred and ^™°uy7and 
eighty-eight, and by chapter forty-three of the laws of in^utesi'n 
eighteen hundred and ninety-one for the further term of the different 

n° /. jijajicr • l \l i counties of 

four years irom the first day of January, eighteen nun- the state, 
dred and ninety-three. 

§ 2. Said instruction may include free illustrated lee- Free niustra- 
tures to artisans, mechanics and other citizens, on such Partisans? 
legal holidays as the state superintendent and museum ™c C on n ie*ai 
authorities may agree upon. holidays." 

§ 3. The sum of eighteen thousand dollars, payable Appropri- 
from the free school fund, is hereby appropriated for the 
preparation for and the support and maintenance of said 
course of instruction, for the year beginning on the first 
day of January, eighteen hundred and ninety-three ; and 
the said sum of eighteen thousand dollars shall be appro- 
priated annually thereafter in the general appropriation 
bill for the preparation for and the support and mainte- 
nance of said course of instruction during the term of the 
agreement authorized by this act. 



94 



CHAP. 196, 

1888. 



General Acts Relating to Schools. 



* A R B O R DAY. 



Arbor Day 
established. 



Duty of 

school 

authorities. 



State superin 
teudent may 
prescribe a 
course of 
exercises. 



CHAP. 196. 

AN ACT to encourage arboriculture. 

Passed April 30, 1888. 

Section 1. The Friday following the first day of May 
in each year shall hereafter be known throughout this 
state as Arbor Day. 

§ 2. It shall be the duty of the authorities of every 
public school in this state to assemble the scholars in 
their charge on that day in the school building, or else- 
where, as they may deem proper, and to provide for and 
conduct, under the general supervision of the city super- 
intendent or the school commissioner, or other chief 
officers having the general oversight of the public schools 
in each city or district, such exercise as shall tend to 
encourage the planting, protection and preservation of 
trees and shrubs, and an acquaintance with the best 
methods to be adopted to accomplish such results. 

§ 3. The state superintendent of public instruction 
shall have power to prescribe from time to time, in writ- 
ing, a course* of exercises and instruction in the subjects 
hereinbefore mentioned which shall be adopted and 
observed by the public school authorities on Arbor Day, 
and upon receipt of copies of such course, sufficient in 
number to supply all the schools under their supervision, 
the school commissioner or city superintendent aforesaid 
shall promptly provide each of the schools under his or 
their charge with a copy, and cause it to be adopted and 
observed. 

§ 4. This act shall take effect immediately. 

*Note.— Arbor Day is not a legal holiday in any sense. If the day is not observed 
or school taught a teacher will not be entitled to pay for the same, nor can the day 
be included in the school week. 



Compulsory Education Act. 95 



CHAP. 421, 
1874. 

COMPULSORY EDUCATION. 



CHAP. 4:21. 

AN ACT to secure to children the benefits of elementary 
education. 

Passed May 1 1, 1874. 

Section 1. All parents and those who have the care of children to 
children shall instruct them, or cause them to be instructed, ax schoofor 
in spelling, reading, writing, English grammar, geography at leaTtVur- 
and arithmetic. And every parent, guardian or other per- teen weeks in 
son having control and charge of any child between the 
ages of eight and fourteen years shall cause such child to 
attend some public or private day school at least fourteen 
weeks in each year, eight weeks at least of which attend- 
ance shall be consecutive, or to be instructed regularly at 
home at least fourteen weeks in each year in spelling, 
reading, writing, English grammar, geography and arith- 
metic, unless the physical or mental condition of the child 
is such as to render such attendance or instruction inex- 
pedient or impracticable. 

* § 2. No child under the age of fourteen years shall be o f m c ^°J™n nt 
employed by any person to labor in any business whatever under four- 
during the school hours of any school day of the school ofTge 6 " 
term of the public school in the school district or the city P rohlblted - 
where such child is, unless such child shall have attended 
some public or private day school where instruction was 
given b} T a teacher qualified to instruct in spelling, reading, 
writing, geography, English grammar and arithmetic, or 
shall have been regularly instructed at home in said 
branches by some person qualified to instruct in the same, 
at least fourteen weeks of the fifty-two weeks next pre- 
ceding any and every year in which such child shall be 
employed, and shall, at the time of such employment, 
deliver to the employer a certificate in writing, signed 
by the teacher or a school trustee of the district or of a 
school, and countersigned by such officer as the board of 
education or public instruction, by whatever name it may 
be known in any city, incorporated village or town, shall 
designate, certifying to such attendance or instruction ; 
and any person who shall employ any child contrary to the 
provisions of this section, shall, for each offense, forfeit 
and pay a penalty of fifty dollars to the treasurer or chief 

* As amended by sec. 1, cbap. 3i'3, Laws of 1876. 



96 



CHAP. 421, 
1874. 



Trustees to 
examine lor 
and report 
violations 
of this act. 



List of 

children 

employed. 



Children tem- 
porarily dis- 
charged from 
employment 
to attend 
school. 



Trustees to 
enforce act. 



General Acts Relating to Schools. 

fiscal officer of the city, or supervisor of the town in which 
such offense shall occur ; the said sum or penalty, when so 
paid, to be added to the public school money of the school 
district in which the offense occurred. 

* § 3. It shall be the duty of the trustee or trustees of 
every school district, or public school, or union school, or 
of officers appointed for that purpose by the board of edu- 
cation or public instruction, by whatever name it may be 
known, in every town and city, in the months of Septem- 
ber and of February in each year, and at such other times 
as may be deemed necessaiw, to examine into the situation 
of the children employed in all manufacturing and other 
establishments in such school district where children are 
employed ; and in case any town or city is not divided 
into school districts, it shall for the purposes of the exam- 
ination provided for in this section, be divided by the 
school authorities thereof into districts, and the said trus- 
tees or other officers as aforesaid notified of their respective 
districts on or before the first day of January of each year ; 
and the said trustee or trustees, or other officers as afore- 
said, shall ascertain whether all the provisions of this act 
are duly observed, and report all violations thereof to the 
treasurer or chief fiscal officer of said city, or supervisor 
of said town. On such examination the proprietor, super- 
intendent or manager of said establishment shall, on demand, 
exhibit to said examining trustee, or other officer as afore- 
said, a correct list of all children between the ages of eight 
and fourteen years employed in said establishment, with 
the said certificates of attendance on school or of instruction. 

§ 4. Every parent, guardian or other person having 
control and charge of any child between the ages of eight 
and fourteen years, who has been temporarily discharged 
from employment in any business, in order to be afforded 
an opportunity to receive instruction or schooling, shall 
send such child to some public or private school, or shall 
cause such child to be regularly instructed as aforesaid at 
home for the period for which such child may have been 
so discharged, to the extent of at least fourteen weeks in 
all in each year, unless the physical or mental condition 
of the child is such as to render such an attendance or 
instruction inexpedient or impracticable. 

f § 5. The trustee or trustees of any school district or 
public school, or the president of any union school, or 



*As amended by sec. 2, chap. 372, Laws of 1876. 
t As amended by sec. 3, chap. 372, Laws of 1876. 



Compulsory Education Act. 97 



• • CHAP 423 

such officer as the board of education of said city, incor- 1874. 
porated village or town may designate, is hereby author- 
ized and empowered to see that sections one, two, three, 
four and five of this act are enforced, and to report in 
writing all violations thereof to the treasurer or chief 
fiscal officer of his city, or to the supervisor of his town ; 
any person who shall violate any provision of sections one, Penalties for 
three and four of this act shall, on written notice of such V1 
violation from one of the school officers above named, 
forfeit, for the first offense, and pay to the treasurer or 
chief fiscal officer of the city, or to the supervisor of the 
town in which he resides, or such offense has occurred, the 
sum of one dollar, and, after such first offense, shall, for 
each succeeding offense in the same year, forfeit and pay 
to the treasurer of said city or supervisor of said town, the 
sum of five dollars for each and every week, not exceeding 
thirteen weeks in any one year, during which he, after 
written notice from said school officer, shall have failed 
to comply with any of said provisions ; the said penalties, 
when paid, to be added to the public school money of said 
school district in which the offense occurred. 

S 6. In every case arising under this act where the Text-books 

° t . J 1 & 1 • 1 1 £ f ° r P° 0r 

parent, guardian, or other person having the control of children, 
any child between the said ages of eight and fifteen* 
years, is unable to provide such child for said fourteen 
weeks with the text-books required to be furnished to • 
enable such child to attend school for said period, and shall 
so state in writing to the said trustee, the said trustee 
shall provide said text-books for said fourteen weeks at 
the public schools for the use of such child, and the expense 
of the same shall be paid by the treasurer of said city or 
the supervisor of said town on the certificate of the said 
trustee, specifying the items furnished for the use of such 
child. 

f § 7. In case any person having the control of any child, Truant 
between the ages of eight and fourteen years, is unable to chlldren - 
induce said child to attend school for the said fourteen 
weeks in each year, and shall so state in writing to said 
trustee, or said other officers appointed by the board of 
education or public instruction by whatever name it may 
be known, the said child shall, from and after the date 
and delivery to said trustee, or other officer as aforesaid, 
of said statement in writing, be deemed and dealt with as 
an habitual truant, and said person shall be relieved of all 

* So in the original. 

t As amended by sec. 4, chap. 372, Laws of 1876. 



98 



CHAP. 421, 

1874, 



Rules 

concerning 

truants. 



Approval of 
by a justice 
of the su- 
preme court, 



Copy on 
school-house 



Amend- 
ments. 



General Acts Relating to Schools. 

penalties incurred for said year after said date, under 
sections one, four and five of this act, as to such child. 
* § 8. The board of education or public instruction, by 
whatever name it may be called, in such city and incor- 
porated village, and the trustees of the school districts 
and union school in each town, by an affirmative vote of 
a majority of said trustees, at a meeting or meetings to be 
called for this purpose, on ten days' notice in writing to 
each trustee, said notice to be given by the town clerk, 
are for each of their respective cities and towns hereby 
authorized and empowered and directed, on or before the 
first day of January, eighteen hundred and seventy-seven, 
to make all needful provisions, arrangements, rules and 
regulations 'concerning habitual truants and children 
between said ages of eight and fourteen years of age, who 
may be found wandering about the streets or public 
places of such city or town during the school hours of the 
school day of the term of the public school of said city or 
town, having no lawful occupation or business, and grow- 
ing up in ignorance ; and said provisions, arrangements, 
rules and regulation shall be such as shall, in their judg- 
ment, be most conducive to the welfare of such children, 
and to the good order of such city or town ; and shall 
provide suitable places for the discipline and instruction 
and confinement, when necessary, of such children, and 
may require the aid of the police of cities or incorporated 
villages, and constables of towns, to enforce their said 
rules and regulations, provided, however, that such pro- 
visions, arrangements, rules and regulations shall not go 
into effect, as laws for said several cities and towns, until 
they shall have been approved, in writing, by a justice of 
the supreme court for the judicial district in which said 
city, incorporated village or town is situated ; and, when 
so approved, he shall file the same with the clerk of the 
said city, incorporated village or town, who shall print 
the same, and furnish ten copies thereof to each trustee 
of each school district, or public or union school of said 
city, incorporated village or town. The said trustee shall 
keep one copy thereof posted in a conspicuous place in or 
upon each school-house in his charge during the school 
terms each year. In like manner the same in each city, 
incorporated village or town may be amended or revised 
within six months after the passage of this act, and there- 
after annually as the trustee or trustees of any school 



As amended by sec. 5, chap. 372, Laws of 1876. 



An Act Designating Holidays. 99 



district or public school, or the president of any union CH f8^'. 677 ' 
school, or the board of education or public instruction, or 
by whatever name it may be known, in any city, incor- 
porated village or town, may determine. 

§ 9. Justices of the peace, civil -justices, and police f usti <; ef! . t0 
justices snail have jurisdiction, within their respective diction, 
towns and cities, of all offenses and all actions for penalties 
or fines described in this act, or that may be described in 
said provisions, arrangements, rules and regulations author- 
ized by section eight of this act. All actions for fines f^ 008 for 
and penalties under this act shall be brought in the name 
of the treasurer or chief fiscal officer of the city or super- 
visor of the town to whom the same is payable, but shall be 
brought by and under the direction of the said trustee or 
trustees, or said officer designated by the board of education 

§ 10. Two weeks' attendance at a half-time or evening fch^anf. 
school shall, for all purposes of this act, be counted as one 
week at a day school. 

§ 11. This act shall take effect on the first day of 
January, eighteen hundred and seventy-five. 



HOLIDAYS. 



CHAP. 677. 

AN ACT relating to the construction of statutes con- 
stituting chapter one of the general laws. 

Passed May 18, 1892. 

§ 24:. The term holiday includes the following days in Public hoii- 
each year : The first day of January, known as New days- 
Year's Day ; the twenty-second day of February known 
as Washington's Birthday ; the thirtieth day of May, 
known as Memorial Day; the fourth day of July, known 
as Independence Day ; the first Monday of September, 
known as Labor Day, and the twenty-fifth day of Decem- 
ber, known as Christmas day, and if either of such days 
is Sunday, the next day thereafter ; each general election 
day and each day appointed by the president of the 
United States or by the governor of this state as a day of 
general thanksgiving, general fasting and prayer, or other 
general religious observance. 

The term half-holiday includes the period from noon Half-holidays 
to midnight of each Saturday which is not a holiday. 

Note. — By section 7 of title 3, chapter 555 Laws of 1864, as amended by section 
2 of chapter 500 Laws of 1893, all legal holidays that may occur during the terms of 
school during every school year, commencing August 1, 1893, of one hundred and 
sixty days ol school, are included as parts of said one hundred and sixty days, and 
exclusive of Saturdays. No Saturday shall be counted as part of said one hundred 
and sixty days of school, and no school shall be in session on a legal holiday. 



100 



CHAP. 248, 
1884. 



General Acts Relating to Schools. 
SCHOOLS. 



COLORED SCHOOLS. 



Colored 
schools to 
be classed 
as ward 
schools. 



CHAP- 248. 

AN ACT in relation to public education in the city of 
New York. 

Passed May 5, 1884. 

Section 1. The colored schools in the city of New 
York, now existing and in operation, shall hereafter be 
classed and known and be continued as ward schools, and 
primaries, with their present teachers, unless such teach- 
ers are removed in the manner provided by law, and such 
schools shall be under the control and management of 
the school officers of the respective wards in which they 
are located in the same manner and to the same extent as 
other ward schools, and shall be open for the education 
of pupils for whom admission is sought, without regard 
to race or color. 

§ 2. All acts or parts of acts inconsistent with the pro- 
visions of this act are hereby repealed. 

§ 3. This act shall take effect immediately. 



CORNELL UNIVERSITY — STATE SCHOLARSHIPS IN. 



Open to 
applicants. 



CHAP. 291- 
AN ACT to amend chapter live hundred and eighty-five 
of the laws of eighteen hundred and sixty-five, entitled 
"An act to establish Cornell university, and to appro- 
priate to it the income of the sale of public lands granted 
to this state by congress, on the second day of July, 
eighteen hundred and sixty-two, also to restrict the 
operation of chapter five hundred and eleven of the laws 
of eighteen hundred and sixty-three." 

Passed May 7, 1887. 
Section 1. Section nine of chapter five hundred and 
eighty-five of the laws of eighteen hundred and sixty-five 
is hereby amended so as to read as follows : 

§ 9. The several departments of study in the said uni- 
versity shall be open to applicants for admission thereto 
at the lowest rates of expense consistent with its welfare 



State Scholarships in Cornell University. 101 



CHAP 291 

and efficiency, and without distinction as to rank, class, isst. 
previous occupation or locality. But, with a view to Freeschoi- 
equalize its advantages to ail parts of the state, the insti- 
tution shall receive students to the number of one each 
year from each assembly district in this state, to be 
selected as hereinafter provided, and shall give them 
instruction in any or in all the prescribed branches of 
study in any department of said institution, free of any 
tuition fee or of any incidental charges to be paid to said 
university, unless such incidental charges shall have been 
made to compensate for materials consumed by said stu- 
dents or for damages needlessly or purposely done by them 
to the property of said university. The said free instruc- 
tion shall, moreover, be accorded to said students in 
consideration of their superior ability, and as a reward for 
superior scholarship in the academies and public schools 
of this state. Said students shall be selected as the legis- 
lature may from time to time direct, and until otherwise 
ordered as follows : 

1. A competitive examination, under the direction of competi- 
the department of public instruction, shall be held at the nations" 11 
county court-house in each county of the state, upon the 

first Saturday of June, in each year, by the city superin- 
tendents and the school commissioners of the county. 

2. None but pupils of at least sixteen years of age and Qnaiifica- 
of six months standing in the common schools or acade- applicants, 
mies ef the state, during the year immediately preceding 

the examination, shall be eligible. 

3. Such examination shall be upon such subjects as may 
be designated by the president of the university. Ques- 
tion papers prepared by the department of public instruc- 
tion shall be used, and the examination papers handed 
in by the different candidates shall be retained by the 
examiners and forwarded to the department of public 
instruction. 

4. The examiners shall, within ten days after such selection of 
examination, make and file in the department of public candldates - 
instruction a certificate, in which they shall name all the 
candidates examined and specify the order of their excel- 
lence, and such candidates shall, in the order of their 
excellence, become entitled to the scholarships belonging 

to their respective counties. 

5. In case any candidate who may become entitled to vacancies, 
a scholarship shall fail to claim the same, or shall fail how fll1ed- 
to pass the entrance examination at such university, or 

shall die, resign, absent himself without leave, be expelled 



102 



General Acts Relating to Schools. 



CHAP. 291, 
1887. 



Leave of 
absence, how 
obtained. 



Preference 
to soldiers' 
children. 



Notice of ex- 
aminations, 
how given. 



Record to be 
kept by state 
superin- 
tendent. 



or, for any other reason, shall abandon his right to or 
vacate such scholarship either before or after entering 
thereupon, then the candidate certified to be next entitled 
in the same county shall become entitled to the same. In 
case any scholarship belonging to any county shall not be 
claimed by any candidate resident in that county, the state 
superintendent may fill the same by appointing thereto 
some candidate first entitled to a vacancy in some other 
county, after notice has been served on the superintendent 
or commissioners of schools of said county. In any such 
case, the president of the university shall at once notify 
the superintendent of public instruction, and that officer 
shall immediately notify the candidate next entitled to 
the vacant scholarship of his right to the same. 

6. Any state student who shall make it appear to the 
satisfaction of the president of the university that he 
requires leave of absence for the purpose of earning funds 
with which to defray his living expenses, while in attend- 
ance, may, in the discretion of the president, be granted 
such leave of absence, and may be allowed a period not 
exceeding six years from the commencement thereof for 
the completion of his course at said university. 

7. In certifying the qualifications of the candidates, 
preference shall be given (where other qualifications are 
equal) to the children of those who have died in the 
military or naval service of the United States. 

8. Notices of the time and place of the examinations 
shall be given in all the schools, having pupils eligible 
thereto, prior to the first day of January in each year, 
and shall be published once a week for three weeks in at 
least two newspapers in each county immediately prior 
to the holding of such examinations. The cost of pub- 
lishing such notices and the necessary expenses of such 
examination shall be a charge upon each county respect- 
ively, and shall be audited and paid by the board of 
supervisors thereof. The state superintendent of public 
instruction shall attend to the giving and publishing of 
the notices hereinbefore provided for. He may, in his 
discretion, direct that the examination in any county may 
be held at some other time and place than that above 
specified, in which case it shall be held as directed by 
him. He shall keep full records in his department of the 
reports of the different examiners, showing the age, 
post-office address and standing of each candidate, and 
shall notify candidates of their rights under this act. 
He shall determine any controversies which may arise 



Education Among Indians. 103 



CHAP 71 

under the provisions of this act. He is hereby charged 1856. 
with the general supervision and direction of all matters 
in connection with the filling of such scholarships. 
Students enjoying the privileges of free scholarships shall 
in common with the other students of said university be 
subject to all of the examinations, rules and requirements 
of the board of trustees or faculty of said university 
except as herein provided. 



INDIAN SCHOOLS. 

CHAP. 71- 

AN ACT to facilitate education and civilization among 
the Indians residing in this state. 

Passed April 1, 1856. 

Section 1. The superintendent of public instruction outyoftne 
shall be charged with providing the means of education em, of public 
for all the Indian children in the state. He shall cause 1 " struction - 
to be ascertained the condition of the various bands in the 
state in respect to education ; he shall establish schools in 
such places, and of such character and description as he 
shall deem necessary ; he shall employ superintendents 
for such schools, and shall, with the concurrence of the 
comptroller and secretary of state, cause to be erected, where 
necessary, convenient buildings for their accommodation. 

§ 2. In the discharge of the duties imposed by this act, Indians to 
the said superintendent shall endeavor to secure the co " oper 
co-operation of all the several bands of Indians, and for 
this purpose, shall visit, by himself or his authorized 
agent, all the reservations where they reside, lay the 
matter before them in public assembly, inviting them to 
assist either by appropriating their public moneys to this 
object, or by setting apart lands and erecting suitable 
buildings, or by furnishing labor or materials for such 
buildings, or in any other way which he or they may 
suggest as most effectual for the promotion of this object. 

§ 3. In any contract which may be entered into with Indian title 
said Indians, for the use or occupancy of any land for tecteci pr °' 
school grounds, sites or buildings, care shall be taken to 
protect the title of the Indians to their lands, and to reserve 
to the state the right to remove or otherwise dispose of all 
improvements made at the expense of the state. 

§ 4. The Indian children in the state, between the ages children to 
of four and twenty-one years, shall be entitled to draw Joney." 1 
public money the same as white children. The superin- Enumeration 



3 04 



General Acts Relating to Schools. 



CHAP. 410, 

1882 



$5,000 appro- 
priated. 



Vouchers 
to be taken 
and filed. 



tendent shall cause an annual enumeration of said Indian 
children to be made, and shall see that the public money, 
to which they are ratably entitled, is devoted exclusively 
to their education. 

§ 5. To carry into effect the provisions of this act, the 
sum of five thousand dollars is hereby appropriated out of 
the surplus income of the United States deposit fund, to 
be paid by the treasurer, on the warrant of the comptroller, 
from time to time, to the order of the superintendent of 
public instruction. 

§ 6. The.superintendent shall take and file in his office, 
vouchers and receipts for all the expenditures made under 
this act, subject to the inspection of the joint committee 
to examine the accounts of the auditor and treasurer ; and 
shall annually report to the legislature all his doings, by 
virtue of the authority vested in him ; and for this pur- 
pose said superintendent may require full and detailed 
reports in such form as he may prescribe, from those 
having the immediate supervision of any Indian schools 
in this state. 

§ 7. This act shall take effect immediately. 

Note.— State superintendent may select ten Indian youth in each year fo 
education in Slate Normal School. See chap. 89, Laws of 1850, page 113, post. 



Board of 
education 
to establish 
nautical 
school. 



Books, etc. 



" NAUTICAL SCHOOL. 

The following provision of chapter 410, Laws of 18S2 
entitled an act to consolidate in one act the laws affecting 
the city of New York, authorize the board of education 
of said city to establish a nautical school : 

Section 1068. The board of education (for the city of 
New York) are authorized and directed to provide and 
maintain a nautical school in said city, for the education 
and training of pupils in the science and practice of 
navigation ; to furnish accommodations for said school, 
and make all needful rules and regulations therefor, and 
for the number and compensation of instructors and others 
employed therein ; to prescribe the government and dis- 
cipline thereof, and the terms and conditions upon which 
pupils shall be received and instructed therein, and dis- 
charged therefrom, and provide in all things for the good 
management of said nautical school. And the said board 
shall have power to purchase the books, apparatus, sta- 
tionery and other things necessary or expedient to enable 



* Note.— This is a substantial re-enactment of chap-28S, Laws of 1873. 



Normal Schools. 105 



said school to be properly and successfully conducted, and 1344. ' 
may cause the said school or the pupils or parts of the 
pupils thereof to go on board vessels in the harbor of New 
York, and take cruises in or from said harbor for the pur- 
pose of obtaining a practical knowledge in navigation and 
of the duties of mariners. And the said board are hereby 
authorized to apply to the United States government for 
the requisite use of vessels and supplies for the purpose 
above mentioned. 

§ 1070. The said board of education shall appoint Executive 
annually at least three of their number, who shall, subject committee - 
to the control, supervision and approbation of the board, 
constitute an executive committee, for the care, govern- 
ment and management of such nautical school, under rules 
and regulations so prescribed, and whose duty it shall be, 
among other things, to recommend the rules and regulations 
which they deem necessary and rpoper for such school. 

§ 1071. After the establishment and organization of the o f x ^ e n ^ es 
said school, the expense thereof, and of carrying out of provided for. 
the provisions of this chapter, shall be defrayed from the 
moneys raised by law for the support of common schools 
in the city and county of New York. 

§ 1072. The chamber of commerce of New York is ^^e r te e f of 
authorized to provide for and appoint a committee of commerce, 
its members to serve as a council of the nautical school, 
whose duty it shall be, as far as may be, to advise and 
co-operate with the board of education in the establish- 
ment and management of such schools, and from time to 
time to visit and examine the same, and to communicate Reports, 
in respect thereof with the board of education or such 
executive committee thereof, and to make reports to the 
chamber of commerce, which may transmit to the state 
superintendent of public instruction such reports or any 
thereof, or an abstract of the same, with such recommenda- 
tions as may be deemed advisable. 



NORMAL SCHOOLS. 

CHAP. 311- 

[1. Albany.] 
AN ACT for the establishment of a normal school. 

Passed May 7, 1844. 
Section 1. The treasurer shall pay on the warrant of Appropria- 
ble comptroller, to the order of the superintendent of eet&bnlh- 
common schools, from that portion of the avails of the ma?'chooi nor 

at Albany. 



106 



CHAP. 311, 
1844. 



Annual 
appropriation 
for suppoit. 



Supervision 
by state su- 
perintendent 
and the 
resents of the 
university. 



Executive 
committee, 
duty of. 



Rules and 
regulations. 



Annual 
report. 



General Acts Relating to Schools. 

literature fund appropriated by chapter two hundred 
and forty-one of the laws of one thousand eight hundred 
and thirty-four, to the support of academical depart- 
ments for the instructions of teachers of common schools, 
the sum of nine thousand six hundred dollars ; which sum 
shall be expended under the direction of the superintendent 
of common schools and the regents of the university, in 
the establishment and support of a normal school for the 
instruction and practice of teachers of common schools 
in the science of education and in the art of teaching, to 
be located in the county of Albany. 

§2. The sum of ten thousand dollars shall, after the 
present year, be annually paid by the treasurer, on the 
warrant of the comptroller, to the superintendent of com- 
mon schools, from the revenue of the literature fund, for 
the maintenance and support of the school so established, 
for five years, and until otherwise directed by law. 

§ 3. The said school shall be under the supervision, 
management and government of the superintendent of 
common schools and the regents of the university. 
The said superintendent and regents shall, from time to 
time, make all needful rules and regulations, to fix the 
number and compensation of teachers and others to be 
employed therein ; to prescribe the preliminary examina- 
tion and the terms and conditions on which pupils shall 
be received and instructed therein ; the number of pupils 
from the respective cities and counties, conforming as 
nearly as may be to the ratio of population ; to fix the 
location of the said school, and the terms and conditions 
on which the grounds and buildings therefor shall be 
rented, if the same shall not be provided by the corpora- 
tion of the city of Albany, and to provide in all things 
for the good government and management of the said 
school. They shall appoint a board, consisting of five 
persons, of whom the said superintendent shall be one, 
who shall constitute an executive committee for the care, 
management and government of the said school under the 
rules and regulations prescribed as aforesaid, whose duty it 
shall be, from time to time, to make full and detailed 
reports to the said superintendent and regents, and, among 
other things, to recommend the rules and regulations which 
they deem necessary and proper for the said school. 

§ 4. The superintendent and regents shall annually 
transmit to the legislature a full account-of their proceed- 
ings and expenditures of money under this act, together 



Normal Schools. 107 

rt of said executive commit 
progress, condition and prospects of the school. 



CFT ap *tm 

with a detailed report of said executive committee of the 1848. 



The foregoing* was the first provision made by law in 
this state for the establishment of any normal school. 
Though general in the sense of being for the benefit of 
the state, the school was located at Albany, and to pro- 
vide uniformity in arrangement, the act is inserted here 
with c other local acts relating to normal schools.* The 
laws providing for the establishment of normal schools 
generally will follow. 

The preceding act was regarded as experimental and 
for a term of five years only. At the expiration of the 
term, the institution, still at the time the only one in the 
state, was permanently established by the following act : 

CHAP- 318. 

AN ACT for the permanent establishment of the normal 

school. 

Passed April 12, 1848. 

Section 1. The treasurer shall pay, on the warrant of Appropria- 
te comptroller, to the order of the state superintendent erection of 
of common schools, from the general fund, a sum not school 1 
exceeding fifteen thousand dollars, to be expended in the building at 

° f • i i i m t c i i Albany. 

erection of a suitable building for the accommodation 
of the state normal school for the instruction and prac- 
tice of teachers of common schools in the science of edu- 
cation and the art of teaching. 

§ 2. The said building shall be erected, under the direc- How to be 
tion of the executive committee of the school, upon the erecte * 
ground owned by the state, and lying in the rear of the 
geological rooms. 

§ 3. The said school shall be, as heretofore, under the supervision, 
supervision, management and government of the state ^^ovem" 1 
superintendent of common schools and the regents of the mem of. 
university. The said superintendent and regents shall, 
from time to time, make all needful rules and regulations 
to fix the number and compensation of teachers and others 
to be employed therein ; to prescribe the preliminary 
examination and the terms and conditions on which pupils 
shall be received and instructed therein, the number of 
pupils from the respective counties conforming as nearly 
as may be to the ratio of population ; and to provide in 

* At a meeting of the regents of the university h^kl March 13, 1890, the corporate 
name of the Albany Normal School was changed to the New York State Normal 
College. 



108 



General Acts Relating to Schools. 



CHAP. -166, 

1866. 
Esecntive 
committee. 



Annual 
report. 



all things for the good government and management of 
the said school. They shall appoint a board consisting of 
five persons, of whom the said superintendent shall be one 
who shall constitute an executive committee for the care, 
management and government of said school, under the 
rules and regulations prescribed as aforesaid, whose dirty 
it shall be, from time to time, to make full and detailed 
reports to the said superintendent and regents, and, among 
other things, to recommend the rules and regulations 
which they deem necessary and proper for the said school. 
§ 4. The superintendent and regents shall annually 
transmit to the legislature a full account of their proceed- 
ings, and of the expenditures of money under this and 
previous acts, together with a detailed report of the pro- 
gress, condition and prospects of the school. 



Commission- 
ers to receive 
proposals for 
establish- 
ment of nor- 
mal schools. 



Commission 
can accept or 
refuse 
proposals. 

Specifications 
in proposals. 



CHAP. 4,66. 

AN ACT in regard to normal schools. 

Passed April 7, 1866. 
Section 1. The governor, the lieutenant-governor, the 
secretary of state, the comptroller, the state treasurer, 
the attorney-general and the superintendent of public 
instruction shall constitute a commission to receive 
proposals in writing in regard to the establishment of 
normal and training schools for the education and dis- 
cipline of teachers for the common schools of this state 
from the board of supervisors of any county in this 
state ; from the corporate authority of any city or village ; 
from the board of trustees of any college or academy, and 
from one or more individuals. Such commission shall 
have power to accept or refuse such proposals, but the 
number accepted shall not exceed four. Such proposals 
shall contain specifications for the purchase of lands and 
the erection thereon of suitable buildings for such 
schools, or for the appropriation of land and buildings to 
such use, and also the furnishing of such schools with 
furniture, apparatus, books and everything necessary 
to their support and management. Such proposals may 
have in view, either the grant and conveyance of such 
land and premises to the state, or the use of the same for 
a limited time, and for the gift to the state of furniture, 
apparatus, books and other things necessary to conduct 
such schools. 



Normal Schools. 109 



§ 2. If the proposals made by any board of supervisors, CH i^6. 466 ' 
oi- by the corporate authorities of any city or village, Power to 
shall be accepted, said board or corporate authorities shall by 1 t!xor iey 
have power to raise, by tax, and expend the money borrow - 
necessary to carry the same into effect; and if, in their 
judgment, it shall be deemed expedient, they, shall have 
power to borrow money for such purpose, for any time 
not exceeding ten years, and at a rate of interest not 
exceeding seven per cent, and issue the corporate bonds 
of said county, city or village therefor. 

§ 3. When the said commission shall have accepted pro- commiseion- 
posals and determined the location of any one of such acceptance 
schools, and when suitable grounds and buildings have of proposal8 ' 
been set apart and appropriated for such schools, and all 
needful preparations made for opening same in accord- 
ance with the proposals accepted, the commission shall 
certify the same in writing, and then their power under 
this act in relation to such school shall cease, and there- superintend- 
npon the superintendent of public instruction shall appoint fnstruction 10 
a local board, consisting of not less than three persons, [oca^bo'ard. 
who shall, respectively, hold their offices until removed by 
the concurrent action of the chancellor of the university 
and the superintendent of public instruction, and who 
shall have the immediate supervision and management of 
such school, subject, however, to his general supervision 
and to his direction in all things pertaining to the school. 
Such local board shall have power to appoint one of their powers and 
number chairman, and another .secretary, of the board. ? ^ai boards. 
Two-thirds of each of said boards shall form a quorum 
for the transaction of business, and in the absence of any 
officer of the board, another member may be appointed 
fro tempore to fill his place and perform his duties. It 
shall be the duty of such board to make and establish, and 
from time to time to alter and amend, such rules and 
regulations for the government of such schools under their 
charge, respectively, as they shall deem best, which shall 
be subject to the approval of the superintendent of public 
instruction. They shall also severally transmit through Report to the 
him, and subject to his approval, a report to the legisla- e ' 
ture on the first clay of January in each year, showing 
the condition of the school under their charge during the 
year next preceding, and which report shall be in such 
form and contain such an account of their acts and doings 
as the superintendent shall direct, including, especially an 
account in detail of their receipts and expenditures, whicli 
shall be duly verified by the oath or affirmation of their 
chairman and secretary. 



1 10 General Acts Relating to Schools. 



Cl \m. m ' § 4 - It shall be the duty of the local board, subject to 
course of the approval of the superintendent of public instruction, 
prescribed 6 to prescribe the course of study to be pursued in each of 
Powers and said schools. It shall be the duty of the superintendent 
Bupertn - of public instruction to determine what number of teachers 
tendent. shall be employed in each school, and their wages, whose 
employment shall also be subject to his approval ; to 
of pupus order, in his discretion, that one or more of said schools 
shall be composed exclusively of males» and one or more 
of females ; to decide upon the number of pupils to be 
admitted to each of said schools, and to prescribe the time 
and manner of their selection, but he shall take care in 
such selection to provide that every part of the state shall 
have its proportionate representation in such school as 
near as may be, according to population ; but if any school 
commissioner district, or an}? city, shall not, for any cause, 
be fully represented in either of said schools, then the 
superintendent of public instruction may cause the maxi- 
mum number of such pupils to be supplied from any part 
of the state, giving preference, however, to those living in 
the county, city or village where such school is situated. 
Admission of * § 5. All applicants for admission shall be residents of 
this state, or, if not, they shall be admitted only upon the 
payment of such tuition fees as shall be, from time to time, 
prescribed by the superintendent of public instruction. 
Examination. Applicants shall present such evidence of proficiency or be 
subject to such examination at the school as shall be pre- 
scribed by said superintendent. From and after the 
twentieth day of August, one thousand eight hundred and 
eighty-nine, it shall not be lawful for any such school to 
receive, into any academic department connected there- 
with, any pupil not a resident of the territory, for the 
benefit or advantage of whose residents the state has 
pledged itself to maintain such academic department, 
fu^abrn- When admitted, students, unless they are students in the 
tiee. academic or practice department or are non-residents, 

shall be entitled to all the privileges of the school, free 
from all charges for tuition or for the use of books or 
apparatus, but every pupil shall pay for books lost by him, 
and for any damages to books in his possession ; any pupil 
may be dismissed from the school by the local board for 
immoral or disorderly conduct, or for neglect or inability 
to perform his duties. 
Diplomas to §6. The superintendent of public instruction shall 
prepare suitable diplomas to be granted to the students of 

* As amended byichapter 142, Laws of 1889. 



Normal Schools. 131 



such school who shall have completed one or more of the ism. ' 
courses of study and discipline prescribed ; and a diploma Tobeacer- 
signed by him, the chairman and secretary of the local qualification 
board, and the principal of the school, shall be of itself a thecom- in 
certificate of qualification to teach common schools ; but mon schools, 
such dipluma may be annulled for the immoral conduct Diplomas 
of its holder, in like manner as provided for the annul- annuied. 
ment of a diploma of state normal school, in title two, 
chapter five hundred and fifty-five of the laws of eighteen 
hundred and sixty-four. The provisions of this section 
shall be applicable to the Oswego normal training school. 

§ 7. The sum of twelve thousand dollars shall be annu- 
ally, and is hereby appropriated for the support of each 
of said normal and training schools to be organized under 
this act, payable out of the income of the common school 
fund, to be paid by the treasurer, on the warrant of the 
comptroller, upon the certificate of the superintendent of 
public instruction affixed to the proper accounts, verified 
by the oath or affirmation of the local board of each 
school ; but none of the money hereby appropriated shall 
be paid for the purchase of any ground, site or buildings, 
for the use of such schools. 

§ 8. Local boards appointed under this act shall consist Local boards 
of not more than thirteen persons, and the office of any 
member of any such local board, which now consists of 
more than thirteen members, is hereby declared vacant ; 
and the said superintendent of public instruction shall 
appoint a new local board, and may fill, by appointment, 
all vacancies occurring in said local boards. Until the 
appointment of such new local board, and until a quorum 
of such board shall have entered upon the discharge of its 
duties, and during such time as any local board shall omit 
to discharge its duties, the said superintendent is author- 
ized to discharge the duties of such local board or any of 
its officers ; and the acts of said superintendent in the prem- 
ises shall be as valid and binding as if done by a compe- 
tent local board or its officers, or with their co-operation. 

This section added by Laws of 1869, chapter 18. 



State Normal and Training Schools were established 
under the provisions of the foregoing act and special acts, 
as follows : 

Brockport — Chaps. 21 and 96, Laws of 186T. 

Buffalo — Chap. 583, Laws of 1867. 

Cortland — Chap. 199, Laws of 1867 ; chap. 174, Laws 
of 1868. 



112 



General Acts Relating to Schools. 



CHAP. 348, 
1880. 



chap. 601, Laws 

by 



Fredonia — Chap. 223, Laws of 186T 

Geneseo — Chap. 195, Laws of 1867 
of 1868, and chap. 294, Laws of 1871. 

Oswego — Chap. 418, Laws of 1863, as amended 
chap. 445, Laws of 1865 ; chap. 170, Laws of 1867. 

Potsdam — Chap. 6, Laws of 1867. 

New Paltz - Chap. 287, Laws of 1S85. 

Oneonta — Chap. 374, Laws of 1887. 

Pittsburgh — Chap. 517, Law of 18S9. 

Jamaica — Chap. 553, Laws of 1893. 

Note. — There is also a Normal College in the city of New York and training 
schools in other cities of the state, maintained by local authorities. 



CUSTODY AND PRESERVATION OF BUILDINGS. 



Local boards 
to have cus- 
tody, etc., 
ol grounds 
and build- 
ings. 



Willful tres- 
pass upon, 
a misde- 



Special 
policeman 
may be 
appointed. 



CHAP. 348. 

AN ACT concerning the grounds, buildings and property 
of the state provided for normal schools, the custody, 
protection and preservation of the same, and the powers 
of local boards in relation thereto. 

Passed May 20, 1880. 

Section 1. The local boards of managers of the respect- 
ive normal schools in this state shall have the custody, 
keeping and management of the grounds and buildings 
provided or used for the purposes of such schools, respect- 
ively, and other property of the state pertaining thereto, 
with power to protect, preserve and improve the same. 

* § 2. (Section 2 providing for the punishment for 
willful trespass, repealed by subdivision 55 of sec. 1 of 
chap. 593, Laws of 1886.) 

§ 3. For the purpose of protecting and preserving such 
buildings, grounds and other property, and preventing 
injuries thereto, and preserving order, preventing disturb- 
ances, and preserving the peace in such buildings and 
upon such grounds, the local boards of managers of each 
of said normal schools shall have power, by resolution or 
otherwise, to appoint, from time to time, one or more 
special policemen, and the same to remove at pleasure, 
who shall be police officers, with the same powers as con- 
stables of the town or city where such school is located, 
whose duty it shall be to preserve order, and prevent dis- 
turbances and breaches of the peace in and about the 
buildings, and on and about the grounds used for said 
school, or pertaining thereto, and protect and preserve the 

* Chapter XIV of the Penal Code provides a penalty fj r such offenses. 



Indians — Appointments to Normal Schools. 113 



same from injury, and to arrest any and all persons making cu ^50. i 
any loud or unusual noise, causing any disturbance, com- Arrest of 

y , . t i n , i • j offenders. 

mitting any breach of the peace, or misdemeanor, or any 
willful trespass upon such grounds, or in or upon said 
buildings, or any part thereof, and convey such person or 
persons so arrested, with a statement of the cause of the 
arrest, before a proper magistrate to be dealt with accord- 
ing to law. 

§ 4. This act shall take effect immediately. 



insurance. 

CHAP. 116. 

AN ACT authorizing the boards of the state normal 
schools of this state to insure the buildings and prop- 
erty belonging to said schools for the benefit of the 

state. 

Passed May 2, 1882. 

Section 1. The local boards of the state normal schools ^oiidfng^. ° f 
of this state are each hereby authorized to insure and keep 
insured the normal school buildings connected with and 
belonging to said schools, at a risk not exceeding seventy- 
five thousand dollars, for the benefit of the state, and to 
pay for said insurance out of any money or moneys appro- 
priated and set apart, from time to time, for the use and 
benefit of said schools by the state of New York. 

§ 2. This act shall take effect immediately. 



INDIANS APPOINTMENTS TO NORMAL SCHOOLS. 

CHAP- 89. 

AN ACT to provide for the support and education of a 

limited number of Indian youth, of the state of New 

York, at the state normal school. 

Passed March 23, 1850. 

Section 1. The treasurer shall pay, on the warrant of Appropria- 
te comptroller, to the order of the state superintendent tl0n " 
of common schools, from the general fund, a sum not 
exceeding one thousand dollars per year for the support 
and education of ten Indian youth in the state normal 
school, which moneys are hereby appropriated for the 
purpose of this act. 

§ 2. The selection of such youth shall be made by the selection of 
state superintendent of common schools, from the several pu P lll? - 
Indian tribes located within this state and, in making 



114 General Acts Relating to Schools. 

CH i860. such selection, clue regard shall be had to a just participa- 
tion in the privileges of this act by each of the said 
several tribes, and, if practicable, reference shall also be 
had to the population of each of said tribes in determining 
such selection. 

Age of pupils. g 3. Such youth shall not be under sixteen year of age, 
nor shall any such youth be supported or educated at said 
normal school for a period exceeding three years. 

Jua e rdiansand § ^- ^ ne executive committee of the state normal school 

expenses. shall be the guardian of such Indian youth, during the 
period of their connection with the school, and shall pay 
their necessary expenses, not to exceed one hundred 
dollars per year for each pupil, to be defrayed out of the 
money appropriated by the first section of this act. 

To enjoy an § 5 # The Indian pupils selected in pursuance of this act, 

d rivi lc^cs. ^ * ■*■ * 

and attending said normal school, shall enjoy the same 
privileges, of every kind, as the other pupils attending 
said school, including the payment of traveling expenses, 
not exceeding ten dollars to each pupil. 



TUITION MONEY HOW TO BE USED. 

*CHAP. 492. 
Tuition Tuition money may be expended for current expenses, 

be°expended? etc. The local boards of the several state normal schools 
are hereby authorized to expend, under the direction of 
the superintendent of public instruction, the moneys now 
on hand, received for tuition in any of the departments of 
the respective schools, and the moneys hereafter to be 
received for such tuition, for apparatus, repairs, insurance, 
furniture, or other improvements upon the grounds or 
buildings, or for the ordinary expenses of the respective 
schools. 

ORPHAN SCHOOLS. 

CHAP. 261. 

AN ACT to provide for the better education of the 
children in the several orphan asylums in this state, 
other than in the city of New York. 

Passed April 10, 1850. 

To paitici- Section 1. The schools of the several incorporated 

distribution orphan asylum societies in this state, other than those in 

money!™" 10 the cit y ° f New York, shall participate in the distribution 

of the school moneys, in the same manner and to the same 

*From the Supply Bill, Laws of 1870. 



Teachers' Training Classes. 115 



extent, in proportion to the number of children educated mo. ' 
therein, as the common schools in their respective cities 
or districts. 

§ 2. The schools of said societies shall be subject to the ^ e a s 4^ d ent 
rules and regulations of the common schools in such cities of. 
or districts, but shall remain under the immediate man- 
agement and direction of the said societies as heretofore. 



* teachers' training classes. 
CHAP. 170- 
AN ACT in regard to the professional instruction of 
common school teachers in academies and union 

schools. 

Passed April 23, 1890. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. There shall be annually appropriated out of An ™ a, ria tion 
the income of the United States deposit fund not otherwise for instruct- 
appropriated, the' sum of thirty thousand dollars and out ^SL. 
of the free school fund the sum of thirty thousand dollars 
for the instruction of competent persons in academies and 
union schools, in the science and practice of common 
school teaching, under a course to be prescribed by the 
superintendent of public instruction. 

§ 2. The superintendent of public instruction shall Designation 

o •"• r . . r . i • i i of academies 

designate the academies and union schools in wlncn sucn and schools 
instruction shall be given, distributing them among the therefor - 
school commissioner districts of the state, as nearly as may 
well be, having reference to the number of school districts 
in each, to location and to the character of the institutions 
selected. • / 

§ 3. Every academy and union school so designated shall Jeachers' 
instruct a class of not less than ten nor more than twenty- 
five scholars, and every scholar admitted to such class shall 
continue under instruction not less than sixteen weeks. 
The superintendent shall prescribe the conditions of ^ u P^ i8ion 
admission to the classes, the course of instruction and the 
rules and regulations under which said instruction shall 
be given, and shall, in his discretion, determine the^ num- 
ber of classes which may be formed in any one year, in any 
academy or union school, and the length of time exceeding 
sixteen weeks during which suc h instruction may be given. 

* By the provisions of chapter 137, Laws of 1889, the management and super- 
vision of the teachers' classes was transferred to the superintendent of public 
instruction. Bee page 116 post. 



116 



General Acts Relating to Schools. 



CHAP. 137. 

1889. 
Instruction 
free. 

Payments to 
trustees. 



Expenses of 
inspection 
and super- 
vision of 
instruction. 



Classes sub- 
ject to 
visitation. 



Duty of 
school com- 
missioners. 



Repeal. 



§ 4. Instruction shall be free to all scholars admitted to 
such classes, and who have continued in them the length 
of time required by the third section of this act. 

§ 5. The trustees of all academies and union schools in 
which such instruction shall be given shall be paid from 
the appropriations mentioned in the first section of this 
act at the rate of one dollar for each week's instruction of 
each scholar, on the certificate of the superintendent to be 
furnished to the comptroller. 

§ 6. The appropriation provided by this act, for the 
instruction in academies and union schools in the science 
and practice of common school teaching, shall be deemed 
to include, and shall include, the due inspection and super- 
vision of such instruction by the superintendent of public 
instruction, and the expenses of such inspection and super- 
vision for the present and each succeeding fiscal year, shall 
be paid out of said appropriation on vouchers certified by 
the superintendent. 

§ 7. Each class organized in any academy or union 
school under appointment by the superintendent for 
instruction in the science and practice of common school 
teaching, shall be subject to the visitation of the school 
commissioner of the district in which such academy or 
union school is situated ; and it shall be the duty of said 
commissioner to advise and assist the principals of said 
academies or union schools in the organization and man- 
agement of said classes, and at the close of the term of 
instruction of said classes, under the direction of the 
superintendent, to examine the students in such classes, 
and to issue teachers' certificates to such as show moral 
character, fitness and scholastic and professional qualifica- 
tions, worthy thereof. 

§ 8. All acts or parts of acts inconsistent with the pro- 
visions of this act, are hereby repealed. 

§ 9. This act shall take effect immediately. 



Teachers' 
classes under 
supervision 
of state su- 
perintendent. 



CHAP. 137. 

AN ACT to transfer the management and supervision of 
teachers' classes in academies and union schools from 
the board of regents to the superintendent of public 
instruction. 

Passed April 15, 1889. 

Section 1. The powers and duties conferred and imposed 
upon the regents of the university by chapter four hun- 
dred and twenty-five of the laws of one thousand eight 



Industrial Training in Public Schools. 117 



hundred and seventy-seven, and chapter three hundred 
and eighteen of the laws of one thousand eight hundred 
and eighty-two, relative to the instruction of classes in 
academies and union schools in the science and practice of 
common school teaching, are hereby transferred to the 
superintendent of public instruction. 

§ 2. This act shall take effect immediately. 



CHAP. 334, 



INDUSTRIAL TRAINING IN THE PUBLIC SCHOOLS. 

CHAP. 334r. 

AN ACT to authorize the establishment and maintenance 
of departments for industrial training and for teaching 
and illustrating the industrial or manual arts in the 
public schools and normal schools of this state. 

Passed May 19, 1888. 
Section 1. Boards or departments of education of cities industrial 
and villages, and of union free schools and trustees of bMaug£t may 
public school districts,are hereby authorized and empowered 
to establish and maintain a department or departments in 
the schools under their charge for industrial training and 
for teaching and illustrating the manual or industrial 
arts, and the principles underlying the same ; and for that 
purpose they are respectively authorized to purchase and 
use such material and apparatus, and to establish and 
maintain such shops, and to employ such instructor or 
instructors, in addition to the other teachers in said schools, 
as in their judgment shall be deemed necessary or proper 
whenever the authorities or electors respectively now 
authorized by law to raise monej^ by taxation for school 
purposes, shall make provision for the maintenance of 
such departments. 

§2. All authorities and electors, respectively, now Taxes maybe 
authorized by law to levy and raise taxes for school pur- purchase ma- 
poses, are hereby authorized to levy and raise by taxation, aud ial 'a etc '' 
in addition to any amount or amounts which they are now, instructors, 
respectively, in any city, village or district, authorized 
by law to raise for school purposes, and in the same 
manner, and at a regular or special meeting, the necessary 
funds to establish and maintain such industrial depart- 
ments as aforesaid. 

§ 3. The state normal and training schools which are Normal 
or hereafter ma,y be established in this state, hereby crude 'in t0 m " 
are and shall be required to include in their courses of courses of 



118 



CHAP. 484, 

1893. 
study in- 
struction in 
principles 
of manual or 
industrial arts 
as prescribed 
by state su- 
perintendent. 



General Acts Relating to Schools. 

instruction the principles underlying the manual or 
industrial arts, and also the practical training in the same^ 
to such an extent as the superintendent of public instruc- 
tion may prescribe, and to such further extent as the local 
boards, respectively, of said normal and training schools 
may prescribe. 

§ 4. This act shall take effect immediately. 



EVENING SCHOOLS 



INDUSTRIAL DRAWING. 



Evening; 
schools for 
industrial 
drawing. 



CHAP. 540. 

AN ACT to provide for the establishment of evening 
schools for free instruction in industrial drawing. 

Passed June 7, 1887. 

Section 1. The board of education, or other body having 
supervision of the public schools in an}' city or union 
free school district in this state, is hereby authorized to 
establish and maintain evening schools for free instruction 
in industrial drawing, whenever the city authorities in any 
city or the qualified electors duly convened in any union 
free school district shall so direct, and shall make provision 
for the maintenance of such schools. In addition to the 
powers now conferred by law upon the authorities of any 
city, or upon the electors of any union free school district 
in the state, such authorities and such electors shall also 
have power, whenever they shall think it advisable, to 
raise such moneys as shall be necessary to carry out the 
purposes of this act. 

§ 2. This act shall take effect immediately. 



free kindergarten schools in cities and villages. 

CHAP. 4r84r. 

AN ACT to encourage and promote the establishment 
and maintenance of free kindergarten schools in cities 
and villages. 

Approved by the Governor April 29, 1893. Passed, three-fifths 
being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

ma r y e bVe^tab- Section 1. The board of education, or the public school 
Hshed in per- authorities of any city or village located in a county having 

tain localities. J •' ° J ° 



Vocal Music, Study of. U9 



less than one million inhabitants, and employing a super- CH f^3. 636 * 

intendent of schools, may establish and maintain one or 

more free kindergarten schools. The money for the sup- Money for 

port of such schools shall be raised in like manner as for support of • 

the support of the other public schools of the city or 

village. 

§ 2. No child under the age of four years shall be Age of pupils 
admitted to these schools, and the local school authorities 
are hereby empowered to fix the highest age limit of chil- 
dren who may attend. 

§ 3. All teachers employed in these schools shall be T eache ![ 8 f« r » 
licensed in the same manner as teachers employed in the employed as 
other public schools of this state, and shall be entitled to lTcschoofsan'd 
their distributive share in the district quotas. entitled to dia- 

o a mi i -i it n tnct °. uota - 

§ 4. lhe attendance of children under the age of five children 
years who may be enrolled in these schools shall be yl^ot&ge 
reported separately, and shall not be counted in the dis- to be enrolled 

, A .• /» it and reported 

triDUtlOn Of public money. separately. 

§ 5. This act shall take effect immediately. couVtedln 

distribution 

of public 

money. 

VOCA.L MUSIC — STUDY OF. 

CHAP.636. 

AN ACT in relation to the study of vocal music in the 
public schools of the state of New York. 

Approved by the Governor May 6, 1893. Passed, three-fifths 
being present. 

The People of the State of New York, represented in 
Senate and Assembly ', do enact as follows : 

Section 1. In each of the state normal schools the Normal 

n , ■• t , , • i • schools, in- 

course of study may embrace instruction in vocal music, struction in 

§ 2. The board of education in each city in this state cittern- 10 ' 

may cause free instruction to be given in vocal music in struction in 

, J , , i , i • t vocal music. 

the schools under their charge. 

§ 3. The board of education of each union free school Union free 
district, incorporated under the laws of this state, may Struction in 
cause free instruction to be given in vocal music in the vocal music - 
schools under their charge. 

§ 4. The superintendent of public instruction may pro- Teachers' 
vide instruction in vocal music in all teachers' institutes gtructiram 1 " 
held throughout the state. vocal music. 

§ 5. This act shall take effect immediately. 



J 20 General Acts Relating to Schools. 



chap. 1, 

1888. 



DRAWING TO BE TAUGHT. 

CHAP. 322. 

AN ACT relating to free instruction in drawing. 

Passed May 14. 1875. 
Drawingtobe Section 1. In each of the state normal schools the 
maf school's"" course of study shall embrace instruction in industrial or 

free hand drawing, 
in schools g 2. The board of education in each city in this state 

shall cause free instruction to be given in industrial or 

free hand drawing in at least one department of the 

schools under their charge, 
free school § **• The board of education of each union free school 
districts. district incorporated by special act of the legislature, shall 
state su- cause free instruction to be given in industrial or free hand 
Ef. 1 ^?™^' drawing in the schools under their charge, unless excused 

may excuse cd 9 _ < ^ t , , 

from. therefrom by the superintendent of public instruction. 

§ 4. This act shall take effect October first, eighteen 
hundred and seventy-five. 



SCHOOL COMMISSIONERS. 

SALARIES, HOW PAYABLE. 
CHAP. 1. 

AN ACT to provide for the deficiency in the revenue of 
the United States deposit fund, and for the payment 
of the salaries of school commissioners. 

Passed January 15, 1888. 

commission- (Section 1. Omittjd as temporary.) 

Repaid! 8 § 2. The salaries now due and hereafter to become due 

to the several school commissioners of the state shall be 

paid out of any unexpended balances in the treasury 

credited to the free school fund, 
superintend- g 3. T n making the annual apportionment of school 
apartVenm moneys, the superintendent of public instruction shall 
Ja?8a?a n rie°of hereafter set apart a sum sufficient to pay the salaries of 
school com- t j ie severa l school commissioners from the free school fund, 
from the instead of from the United States deposit fund as heretofore. 
fumi sch ° o1 § 4. All acts and parts of acts inconsistent with this act 

are hereby repealed. 

§ 5. This act shall take effect immediately. 



Counties, How to be Divided in Certain Cases. 121 



CHAP. 414, 

1QUO 

TO DESCRIBE DEFINITELY DISTRICT LINES. 

CHAP. 4=56 

AN ACT requiring school district lines to be definitely 
described and recorded. 

Passed April 16, 1860. 

Section 1. It shall be the duty of the school coramis- ^y p f 

, :' . , . . . . school com- 

sioner or commissioners having jurisdiction to inquire into missioned 
and ascertain whether the several school district lines describe %l- 
within his or their commissioners' district, are definitely tnct hne8 - 
and plainly described in the book of records kept in the 
town clerk's office for that purpose, as now 'required by 
law. And in case any of them shall be found" to be , 
defective or indefinite, then he or they shall cause the 
same to be correctly and definitely described and recorded 
in said book, as required by law. 



SCHOOL COMMISSIONER DISTRICTS. 

CITIES NOT INCLUDED IN COMMISSIONER DISTRICTS — COUNTIES, 
HOW TO BE DIVIDED INTO DISTRICTS, IN CERTAIN CASES. 

CHAP. 4=14=. 

AN ACT to amend section sixteen of chapter one hun- 
dred and seventy-nine of the laws of eighteen hundred 
and fifty-six, entitled " An act to provide for a more 
thorough supervision and inspection of common schools, 
and further to amend the statutes relating to public 
instruction in the state." 

Passed May 16, 1883. 

Section 1. Section sixteen of chapter one hundred and 
seventy-nine of the laws of eighteen hundred and fifty-six* 
is hereby amended so as to read as follows : 

§ 16. The several cities which already or which shall 
hereafter, under special acts, elect superintendents of^^^^ 
common schools, or whose board of education choose ]»e included 
clerks doing the duty of supervision under direction of sioner 
the board of education, shall not be included in any com- dlstnct - 
missioner's district created by this act or authorized to be 
formed by the board of supervisors ; and the several supervisors 
boards of supervisors in counties in which such cities are coum^fnto 

— . ( comm iia_ 

♦Chapter 179, Laws of 1856, was superseded hy the provisions of chapter 555 sioner 
Laws of 1864. This act is, therefore, regarded as a new and independent statute, districts. 



Cities havins 
a superin- 



122 



General Acts Relating to Schools. 



chap, soo, 

1866. 



joined to towns in the formation of an assembly district 
may divide the county, exclusive of such cities, into school 
commissioner's district as they may deem advisable, but 
no town shall be divided in forming: such districts. 



General 
powers. 

Boards of 
supervisors 
may divide 
school com- 
missioner 
districts con- 
taining more 
than two hun- 
dred school 
districts. 



DIVISION OF DISTRICTS ERECTION OF. 

CHAP. 686. 

AN 'ACT in relation to counties, constituting chapter 
eighteen of the general laws. 

Passed May 18, 1892. 
The County Law. 

article eleven boards of supervisors. 

§ 12. The board of supervisors shall : 

9. Divide any school commissioner's district within the 
county which contains more than two hundred school 
districts and erect therefrom an additional school commis- 
sioner's district, and when such district shall have been 
formed, a school commissioner for the district shall be 
elected in the manner provided by law for the election of 
school commissioners. 



Land, or ad- 
ditional land 
for site. 



Mode of 
procedure. 



SCHOOL DISTRICTS. 

ACQUISITION OF SITES. 

*tCHAP. 800. 
AN ACT to provide for the appraisal of and acquiring 
title to lands taken for or in addition to sites for district 
school-houses. 

Passed April 25, 1866. 

Section 1. Land for the site of a district school-house, 
or additional land adjoining to and for the enlargement of 
an established site, not exceeding one acre, may be acquired 
in cases where the owner or owners thereof, or some of 
them, shall not consent to sell the same for such purpose, 
or the trustee or trustees of the district cannot agree 
with such owner or owners, or some of them, upon the 
price or value thereof, as follows : 

A petition shall be prepared for presentation to the 

* As amended by chap. 819, Laws of 1867, and chap. 339, Laws of 1671. 

t Note . — So much of this chapter and the amendments thereof as prescribes a 
method of procedure in proceedings for the condemnation of real property for a 
public use, on lands taken for or in addition to sites for district school-houses is. 
repealed in the amendment of section 3383 of the Code of Civil Procedure by sec. 1, 
chap. 217, Laws of 1890. and sections 3357 to 3383 (both inclusive) of the Code of 
Civil Procedure are substituted as a method of procedure in the taking of lands for 
school-house sites. 



Acquisition of Sites. 123 



county court of the county in which the laud is situated, i866. 8 °° r 
at some regular term thereof, signed by the trustee or 
trustees of the district, or a majority of them, setting forth 
that the inhabitants of the district have designated or 
desire to obtain the land for the site of a district school - 
house, or in addition to and for the enlargement of that 
already established as such site, describing such land by its 
locality and by particular metes and bounds, stating the 
quantity thereof as nearly as may be, with the name or 
names and place or places of residence of owner or owners, 
and that the consent of such owner or owners, or some of 
them, to sell such land for said purpose, cannot be obtained, 
or that the trustee or trustees cannot agree with him or 
them, or some of them, upon a reasonable price therefor, 
and praying for the appointment of commissioners to 
appraise the same. 

Said petition shall be filed in the office of the county 
clerk of the county in which the land is situated, and at 
the time of filing thereof, or at any time afterwards, the 
petitioners may cause a notice of the pendency of the pro- 
ceedings to be filed in said office, which notice the county 
clerk shall file and record in the same manner that similar 
notices in actions in the supreme court are required to be 
filed and recorded ; which notice shall state the object of 
the proceeding, and contain a description of the land and 
the names of the parties affected thereby. And all per- 
sons who shall acquire, in whatsoever way, any title to, 
interest in, lien or incumbrance upon said land, after the 
filing of the notice of the pendency of the proceedings as 
aforesaid, shall be bound and affected by said proceedings 
in the same manner and to the same extent as if thev had 
been named in the petition as parties thereto ; and said 
persons shall also be bound in the same manner, and to 
the same extent, by notice of the existence of said pro- 
ceedings, whether notice of the pendency thereof has been 
filed or not. The petitioners may appear and prosecute 
such proceedings by an attorney. 

A copy of said petition, with a notice thereto annexed 
of the time and place when and where the same will be 
presented to said county court, addressed to the owner or 
owners of the required lands, shall be served in all cases, 
except as hereinafter allowed, as follows : Upon each per- 
son to whom the notice is addressed, who resides in the 
county in which the land is situated, by delivering to each 
such person, or, in case of his absence, by leaving at his 
dwelling-house or usual place of abode or business, such 



124 



General Acts Relating to Schools. 



CHAP. MX), 
1866. 



copy and notice, at least thirty days before the day specified 
in the notice for the presentation of the petition. Upon 
each such person who shall reside out of such county, by 
depositing such copy and notice in one of the post-offices 
nearest to said land, directed to such persons at bis reputed 
place of residence, and paying the proper postage thereon, 
at least forty days before tbe day specified in the notice, 
for the presentation of tbe petition, if such place of resi- 
dence be within this state, and at least sixty days before 
that day if such place of residence be out of this state, 
except that if such place of residence be in the upper pen- 
insula of Michigan, or in any state or territory of the United 
States west of the Mississippi river, except the states of 
Iowa, Missouri, Arkansas and Louisianna or any place out 
of the jurisdiction of the United States, then at least four 
Notice may be moil ths before sucli specified day of presentation. If any 

served on i i n • i c i i 

agent. sucli owner or owners snail reside out of the state, and 

shall have an agent or attorney residing therein, author- 
ized to convey or contract for the sale of his or their 
interest in said lands who shall not consent, or with whom 
the trustee or trustees cannot agree as aforesaid, then and 
in that case the service of the copy of petition and of 
notice aforesaid may be made upon such agent or attorney 
instead of upon such owner or owners, either personally 
or by depositing the same in a post-office as aforesaid, 
directed to such agent or attorney at his place of residence, 
and paying postage as aforesaid, the same number of days 
or months before the said specified day for the presentation 
of the petition, as if the service were upon such owner or 

on guardian. owners, as hereinbefore required. If any such owner shall 
be an infant, under the age of twenty-one years, such ser- 
vice shall be made on his general guardian ; if there be no 
such guardian, on the infant, if over fourteen years of age, 
and if under that age on the person with whom such infant 
shall reside, in each case in the same mode, and the same 
number of days or months before the specified day for 
the presentation of the petition, as if the service were 
upon an adult owner, according to the place of residence 
of such guardian, infant or person with whom such 
infant resides, upon whom service is made. If any 
such owner shall be an idiot, or of unsound mind, ser- 
vice shall be made upon the committee of his person 
or estate; or, if there be no such committee, then upon 
the person who shall have the care of such idiot or person 
of unsound mind, in the same mode and the same number 
of days before presentation of the petition, as in other 



If owner be 
an idiot. 



Acquisition of Sites. 1 25 



cases. In all other cases service of copies of the petition, A i866. 8 °°' 
of notices, appointments of guardians or committees, 
orders or other papers in the proceedings under this act, 
or in connection therewith, shall be made as the court in 
which the proceedings are had shall direct. 

§ 2. On presenting such petition to the county court one may 
aforesaid, on the day specified for its presentation as afore- person or by 
said, with proof of service of a copy or copies thereof attorney, 
and notice, and of other papers as hereinbefore required, 
all persons whose estate or interest are to be effected by the 
proposed proceedings, relative to the land described 
in the petition, may appear in person or by attorney, or 
other proper representative, before the said court, and 
show cause against granting the prayer of the petitioners. 
The said court shall hear the proofs and allegations of the court to 
parties, and if no sufficient cause be shown against granting mission e C r8b"y 
the prayer of the petitioner, shall make an order appoint- an° r <ier. 
ing three disinterested and suitable persons, residing in 
the same county, neither of whom shall be an inhabitant 
of the school district named in the petition, or interested in 
any taxable property therein, or who shall be within two 
degrees of relationship, by blood or marriage, to any 
owner of such taxable property, or to any owner of 
the land described in such petition, as commissioners 
to appraise the said land, and to award the com- 
pensation to be made to the owner or owners thereof for 
the same, for the purposes specified in said petition ; and 
the said court shall specify and appoint in such order the 
time and place within said school district, for the first 
meeting of said commissioners, and also the time and 
place, when and where said county court will receive the 
report of said commissioners of their proceedings and 
award in the premises, for confirmation. 

§ 3. The said commissioners, before entering upon their commie- 

^ j ■■■•■■ o ■ ~i sioners must 

duties, shall be sworn before some officer, authorized to be sworn, 
administer oaths, that they will fairly and impartially 
view the land in question, hear the proofs and allegations 
of the parties interested, and make a just and reasonable 
award of the compensation to be paid by the school dis- 
trict for the said land to be appropriated for a site or part 
of a site for a district school-house. The said com mis- powers of 
sioners shall have power to issue subpoenas and administer 
oaths to witnesses, and a majority of them may adjourn 
the proceedings from time to time, if necessary. They 
shall also view the land in question, hear the proofs and 
allegations of parties, reduce the testimony given, if any, 



commie- 
fionere. 



126 



General Acts Relating to Schools. 



CHAP. 800. 
1866. 



Duty of com- 
missioners. 



Pay. 



Court to 
make order 
ou proceed- 
ings, and 
judge to give 
trustees a 
copy. 



Trustees to 
levy tax. 



Title to vest 
in district. 



to writing ; and without unnecessary delay, they, or a 
majority of them, shall appraise the said land and determ- 
ine and award the compensation which ought to be made 
therefor by said school district, to the party or parties 
owning the same. They shall make a written report of 
their proceedings and award in the case, signed by them, 
or a majority of them, which shall be accompanied by 
the minutes of the testimony taken by them, and shall 
deliver the same to the county judge of the county on or 
before the day named in the order appointing them, for 
receiving such report for confirmation. The said com- 
missioners shall be entitled to two dollars per day for 
their services, which shall be a charge upon and be paid by 
the school district in whose behalf the land in question 
has been appraised by them as aforesaid. 

§ 4. On the day and at the time and place appointed in 
the order aforesaid for receiving such report, the county 
court aforesaid, on being satisfied of the regularity and 
fairness of the previous proceedings, shall make an order 
reciting the proceedings, giving a description of the land 
appraised, confirming the report and directing to whom 
the compensation awarded shall be paid, or where and 
with whom the same shall be deposited. A certified copy 
of the last-mentioned order shall, without unnecessary 
delay, be delivered by the judge holding said county court 
to the trustee or trustees aforesaid, or to one of them, 
whose duty it shall be forthwith to cause the same to be 
recorded at the expense of the said school district, in the 
office of the county clerk of the county in which the land 
therein described is situated. The trustee or trustees are 
hereby authorized and directed, on the filing of said order 
with the county clerk as aforesaid, forthwith to levy a 
district tax for a sum sufficient to pa}' the compensation 
named in said award and the expense of recording said 
order. 

§ 5. Upon said order being recorded as aforesaid, and 
upon the payment or deposit of the amount of compen- 
sation awarded for said land, all the right, title and inter- 
est of the owner and owners aforesaid, in and to the said 
land, shall vest in the school district in whose behalf the 
proceedings aforesaid were instituted ; and the trustee 
or trustees of such district shall be entitled to enter upon, 
take possession of, occupy and use said land for the pur- 
pose set forth in their petition aforesaid ; and all land 
acquired by any school district pursuant to the provisions 
of this act, shall be deemed to be taken for public use. 



Acquisition of Sites. J 27 



§ 6. The proceeds of every such award shall be divided CH ts66. 800, 
amongst the parties whose rights and interests shall have Proceeds, 
been sold, in proportion to their respective rights in the howdlvlded ' 
premises ; and the share of such of the parties as are of 
full age shall be paid to them or their legal representa- 
tives by the commissioners, or shall be brought into court 
for their use. 

§ 7. When any of such known parties are infants, the share of 

ini&nt** now 

court may, in its discretion, direct the share of such infants disposed of. 
to be paid over to the general guardian on proper security 
being filed, or to be invested in permanent securities at 
interest, in the name and for the benefit of such infants, 
or be deposited in some trust company or savings bank to 
abide the further £ order of the court. 

§ 8. When any of the parties whose interests have been Wh en pro- 
sold are absent from the state, or are not known or named invested. 
in the proceedings, the court shall direct the shares of 
such parties to be invested in permanent securities at 
interest or to be deposited in some trust company or sav- 
ings bank to abide the further order of the court, for the 
benefit of such parties, until claimed by them or their 
legal representatives. 

§ 9. When the proceeds of a sale belonging to any tenant 
in dower, or by courtesy, or for life, shall be brought 
into court as hereinbefore directed, the court shall direct 
the same to be invested in permanent securities at interest, 
so that such interest shall annually be paid to the parties 
entitled to such estate during their lives respectively, 
unless such parties shall elect to accept a sum in gross in 
lieu thereof. 

§ 10. The court may, in its discretion, require all or court 
any of the parties, before they shall receive any shaie of ™cu r r ity. nire 
the moneys arising from such sale, to give security to the 
satisfaction of such court to refund the said shares with 
interest thereon, in case it shall thereafter appear that 
such party was not entitled thereto. 

§ 11. The amounts of all commissioners' fees, and of Expenses a 
all expenses incurred by or in behalf of any school district, distnct. n 
in pursuance of the provisions of this act, shall be a charge 
upon such district, and be levied and collected by tax in 
the same manner as other district taxes are levied and 
collected therein. 

* § 12. This act shall not apply to cities of more than what lands 
thirty thousand inhabitants ; nor shall it be lawful under ™|^ n 10tbe 
this act to acquire title to less than the whole of any city 

* As amended by sec. 1, chap. 329. Laws of 1871. 



28 General Acts Relating to Schools. 



1866. ' or village, lot, with the erections thereon, if any, nor to 
any premises occupied as a homestead by the owner or 
owners thereof, without the consent of such owner or own- 
ers ; nor beyond the corporate limits of cities, to any garden 
or orchard, or any part thereof, nor to any part of any 
yard or inclosure necessary to the use and enjoyment of 
buildings, or any fixtures or erections for the purposes of 
trade or manufactures, without the consent of the owner 
or owners thereof, 
education * § 13. Boards of education in cities of not more than 

when to be thirty thousand inhabitants are hereby clothed with all the 
powers of trustees under the act hereby amended, and the 
title to any and all lands acquired in any city under 
the provisions of said act, shall vest in the board of educa- 
tion thereof, or such other corporate body as is by law 
vested with the title to the school lands in such citv. 
But nothing in the act hereby amended contained shall 
be construed to limit or circumscribe the powers and duties 
heretofore lodged in such board of education by law. 
tb. r ^ V act°e n x- of t § 14- The provisions of .this act, and of subsequent 
tended to the amendments thereto, shall be extended and apply to the 
Brooklyn, .city of Brooklyn, and the board of education of that city 
is hereby clothed with all the powers of trustees under the 
provisions of this act and the amendments thereto, and the 
title to any and all lands acquired in said city under the pro- 
visions of this act shall vest in the board of education 
thereof. The proceedings mentioned in section one of this 
act may be authorized by a vote of said board of education 
and the petition may be signed by the officers of said board. 
The commissioners provided for in section two of this act 
may be inhabitants of the city of Brooklyn and owners of 
taxable property therein, but shall not be owners of nor 
interested in the property proposed to be taken, nor related 
to the owners of the land proposed to be taken. The 
proceedings authorized by this act may be taken in the 
city of Brooklyn before the supreme court or city court 
of Brooklyn, and if taken in the latter court the petition 
shall be filed in the office of the clerk of that court, and 
the notice of lis pendens in the office of the clerk of Kings 
county. The compensation named in the award, the fees 
of the commissioners and the costs and expenses of said 
board of education of the city of Brooklyn in such proceed- 
ing shall be paid by said board out of the special fund in 

* As amended by sec. 2. chap. 329, Laws of 1871. 

t Added by sec. 1, chap. 121, Laws of 1886. See sec. 35 of title XXII. Chap. 583, 
Laws of 1888, relating to the city of Brooklyn. 



Elections in Certain School Districts. 129 



their hands, and such fees, costs and expenses may be taxed wa 
and allowed in the final order. 

* The act hereby amended shall -apply to union free to apply to 
school districts and to districts organized under special school dis- 
laws ; and the trustees of such districts and the boards of 2 c a t J d or . 
education organized under special laws, shall be and are ganized under 
hereby clothed with all the powers vested in trustees spem " ac 8 * 
under said act. 

* Nothing in this act contained shall prejudice or impair 
any right acquired or proceeding had or instituted under 
or by virtue of the act hereby amended. 

§ 15. (Which was added by chapter 318, Laws of 1887, Repealed, 
so as to make the law applicable to New York city, was 
by chapter 191, Laws of 1888, declared to be no longer 
applicable, and provision by said aet was made for the 
acquisition of sites for [school buildings in the city of 
New York.) 

ELECTIONS IN CERTAIN SCHOOL DISTRICTS. 

SOHAP, 24,8. 

AN ACT in relation to the election of officers in certain 

school districts. < g 

;Passed May 13, 1878. 

Section 1. In all school districts in this state in which Elections by 
the number of children of school age exceeds three hun- 
dred, as shown by the last annual report of the trustees 
to the schooJ commissioner, all district officers, except the 
treasurer and collector of union free school districts, shall 
be elected by ballot. 

f § 2. Such election shall be held on the Wednesday Election, 
next following the first Tuesday in August in each year, ^erehdd. 
between the hours of twelve o'clock mid-day and four 
o'clock in the afternoon at the principal school-house in 
the district, or at such other suitable place as the trustees 
may designate. When the place of holding such election 
is other than at the principal school-house, the trustees 
shall give notice thereof by the publication of such notice, 
at least one week before the time of holding such election, 
in some newspaper published in the district, or by posting 
the same in three conspicuous places in the district. The 
trustees may, by resolution extend the time of holding the 
election from four o'clock until sunset. 

* These two paragraphs are added by chap. 819, Laws of 1867. 

+ As amended by chap. 405, Laws of 1879 ; chap. 115, Laws of 1882 ; chap. 413, Laws 
of 1883, and sec. 11 of chap. 245, Laws of 1889. 



CHAP. 248, 
187S. 

Inspectors. 



Trustees to 
provide bal- 
lot box. 



Duties of 
clerk. 



130 General Acts Relating to Schools. 

§3. The trustees or board of education, or such of 
them as may be present, shall act as inspectors of elec- 
tion, and immediately after the close of the polls shall 
proceed to canvass the votes and declare the result. If 
any such district shall have but one trustee, the district 
clerk shall be associated with him as inspector. If a 
majority of the trustees shall not be present at the time for 
opening the polls, those in attendance may appoint any of 
the legal voters of the district present, to act as inspectors 
in place of the absent trustees. If none of the trustees 
shall be present at the time for opening the polls, the 
legal voters may choose three of their number to act as 
inspectors. 

§ 4. The trustees shall, at the expense of the^ district, 
provide a suitable box in which the ballots Shall be 
deposited as they are received. Such ballots shall contain 
the names of the persons voted for, and shall designate 
the office for which each one is voted. The ballots ma} 7 
be either written or printed, or partly written and partly 
printed. 

§ 5. The district clerk, or clerk of the board of educa- 
tion, as the case may be, shall attend to the election and 
record in a book to be provided for that purpose the name 
of each elector as he deposits his ballot. When the polls 
shall have been closed the inspectors shall first count the 
ballots to see if they tally with the number of names 
recorded by the clerk. If they exceed that number 
enough ballots shall be withdrawn to make them corre- 
spond. Any clerk who shall neglect or refuse to record 
the name of a person whose ballot is received by the 
inspectors, shall be liable to a fine of twenty-live dollars, 
to be sued for by the supervisor of the town. If the dis- 
trict clerk or clerk of the board of education shall be 
absent, or shall be unable or shall refuse to act, the 
trustees, inspectors of election, or board of education shall 
appoint some person to act in his place, 
challenges. § 6. If any person offering to vote at any such election 
shall be challenged as unqualified by an} 7 legal voter, the 
chairman of the inspectors shall require the person so 
offering to vote to make the following declaration : " I do 
declare and affirm that I am an actual resident of this 
school district, and that I am legally qualified to vote at 
this election." And every person making such declara- 
tion shall be permitted to vote ; but if any person shall 
refuse to make such declaration his ballot shall not be 
received by the inspectors. Any person who upon being 



Elections in Certain School Districts. 131 



CHAP. 243, 



so challenged shall willfully make a false declaration of i878. 
his right to vote at such election, shall be deemed guilty Penalties, for 
of a misdemeanor and punished by imprisonment in the tion or illegal 
county jail for not less than six months nor more than votin s- 
one year. Any person who shall vote at such election, 
not being duly qualified, shall, though not challenged, 
forfeit the sum of ten dollars, to be sued for by the 
supervisor of the town for the benefit of the school or 
schools of the district. 

§ 7. All disputes concerning the validity of any such ^^ 8 the n " 
election, or of any votes cast thereat, or of any of the election to be 
acts of the inspectors or clerk, shall be referred to the super- tL^uperin- 
intendent of public instruction, whose decision in the p^fc 01 of 
matter shall be final. Such superintendent may, in his instruction, 
discretion, order a new election in any district. 

§ 8. The persons having the highest number of votes, E | s 1 v ^ d how 
respectively, for the several offices shall be declared 
elected, and the clerk shall record the declaration of the 
inspectors. In case two persons shall have an equal 
number of votes for the same office, the inspectors of 
election shall immediately choose one of such persons. 
If the inspectors cannot agree, the clerk shall decide the 
matter. 

§ 9. The annual meeting, in the several districts shall feting. 
be held as now provided by law for the purpose of 
transacting all business except the election of officers. 

* § 10. This act shall not apply to cities nor to union Districts 
free school districts whose boundaries correspond with f^m the d 
those of an incorporated village, nor to any school district ^urisact. 
organized under a special act of the legislature, in which 
the time, manner and form of the election of district 
officers shall be different from that prescribed for the 
election of officers in common school districts, organized 
under the general law, nor to any of the school districts 
in counties of Richmond, Suffolk, Chenango, Westchester, 
Warren, Erie and St. Lawrence. 

* Last amended by chapter 209, Laws of 1888. 



32 



CHAP. 431, 
1890. 



Appropria- 
tion for. 



General Acts Relating to Schools. 

plans for school buildings. 

CHAP, 675. 
AN ACT to provide plans and specifications for the use 

of trustees in the erection of school-houses, and making 

an appropriation therefor. 

Passed June 24, 1887. 

Section 1. The state superintendent of public instruc- 
tion is hereby authorized and directed to procure architect's 
plans and specifications for a series of school buildings, to 
cost sums ranging from six hundred to ten thousand dol- 
lars, together with full detail working plans and directions 
for the erection of the same. After procuring said plans 
and specifications, he shall accompany the same with blank 
forms for builders' contracts and with suggestions in rela- 
tion to the preparation of the grounds and the arrange- 
ment of the building with regard to lighting, heating, 
ventilating and the health and convenience of teachers and 
pupils, and then publish the whole in convenient form for 
distribution to trustees and others having use for the same. 

§ 2. The sum of two thousand five hundred dollars, or 
so much thereof as may be necessary, payable out of the 
free school fund, is hereby appropriated for carrying out 
the purposes of this act. 

§ 3. This act shall take effect immediately. 



Plans for 

school 

buildings. 



Fire-escapes 
for school 
buildings. 



REQUIRING FIRE ESCAPES IN CONNECTION WITH CERTAIN 
SCHOOL BUILDINGS. 

CHAP. 4,31. 

AN ACT to require fire-escapes in connection with 
certain school buildings. 

Passed May 24, 1890. 
Section 1. All school buildings which are more than 
two stories high shall have properly constructed stairways 
on the outside thereof with suitable door-ways leading 
thereto from each story above the first, for use in case of 
fire. Such stairways shall be kept in good order and free 
from obstruction. It shall be the duty of the board of 
education or the trustees having charge of such school- 
houses, to cause such stairways to be constructed and 
Tax therefor, maintained, and the reasonable and proper cost thereof, 
shall in each case be a legal charge upon the city or dis- 
trict, and shall be raised by tax, as other moneys are raised 
for school purposes. This act shall not apply to the cities 
of New York and Brooklyn. 

§ 2. This act shall take effect immediately. 



Certain Districts May Contract to Teach. 133 



CHAP. 219, 
1877 



CERTAIN DISTRICTS MAT CONTRACT TO TEACH CHILDREN 
OF OTHER DISTRICTS. 

CHAP. 219- 

AN ACT for the relief of school districts wishing to con- 
tract with boards of education of cities, to educate their 
children in city schools. 

Passed May 3, 1877. 

* Section 1. Whenever any school district adioinina; a T ^ u l te i!!, 

•n e . i T'li- J " r when em- 

city or village of six thousand inhabitants, by a vote of powered by a 
a majority of the qualified voters of such district, shall ing, r to con- 
empower the trustees thereof, the said trustees shall enter boardof edu- 
into a written contract with the board of education of such ^X°eof y 
city or village, whereby all the children of such district six thousand 
may be entitled to be taught in the public schools of such teach \he tB t0 
city or village, for a period of not less than twenty-eight their r a?strict 
weeks in any S2I100I year, upon filing a copy of such con- 
tract duly certified by the trustees of such school district, 
and by the secretary of the board of education of said city 
or village, in the office of the superintendent of public 
instruction, such school district shall be deemed to have 
employed a competent teacher for such period, and shall 
be entitled to receive one distribution district quota each 
year, during which such contract shall be renewed and 
continued. 

f § 2. The board of education of any city or village so p^fon ° re- 1 " 
contracting with any school district shall report the port, etc. 
number of persons of school age in such district, together 
with those resident in the city or village the same as 
though they were actual residents of the city or village, 
and shall report for the pupils attending the city or 
village schools from such district to the superintendent of 
public instruction, the same as though they were residents 
of such city or village. 

§ 3. It shall be the duty of the superintendent of public Kj^ 4 ' 
instruction to give to school commissioners such directions instruction to 

, . P , , -it i . • commission- 

as may, in his judgment, be required and proper m relation era in relation 
to the reports to be made by the trustees of such districts toreport8, 
to school commissioners. 

§ 4. This act shall take effect immediately. 

* As amended by sec. 1 of chap. 396, Laws of 1879. 
t As amended by sec. 2 of chap. 396, Laws of 1879. 



134 General Acts Relating to Schools. 



CHAP. 335, 
1887. 



TUITION OF NON-RESIDENT PUPILS — TAX PAID TO BE 
DEDUCTED. 

CHAP. 4,13. 

AN ACT for the relief of non-resident taxpayers who, 
or whose children or wards are attendants at any free 
school. 

Passed May 31, 1884. 

Non-resident * Section 1. Pupils attending: any free school, whether 

pupils sudigcl ■» 

to the pay- the same be organized under chapter five hundred and 
tjon^ tm fifty-five of the laws of eighteen hundred and sixty-four, 
entitled " An act to revise and consolidate the general acts 
relating to public instruction," or under any special act 
applying to a village or city, if residing out of the districts 
where said schools are kept, shall be subject to the pay- 
ment of the tuition prescribed by the proper authorities ; 
Deduction to provided, that if such non-resident pupils, their parents or 
pupn 1 , parent 1 guardians, shall be liable to be taxed for the support of 
pay^toxh? sa ^ schools in the said districts, on account of owning 
district where property therein, the amount of any such tax paid by a 
school. non-resident pupil, his parent or guardian, during the 

same school year in which the charge for tuition was 
incurred, shall be deducted from such charge for tuition. 



EMPLOYMENT AND PAY OF TEACHERS. 

CHAP. 335. 

AN ACT in relation to the employment and pay of 
teachers in the public schools. 

PAesED^May 16, 1887. 
Memoran- Section 1. From and after the passage of this act, all 

nng ' officers or boards of officers who shall employ any teacher 
to teach in any of the public schools of this state shall, at 
the time of such employment, make and deliver to such 
teacher, or cause to be made and delivered, a memoran- 
dum in writing, signed by said officer, or by the mem- 
bers of said board, or by some person duly authorized by 
said board, to represent them in the premises, in which 
the detail of the agreement between the parties, and par- 
ticularly the length of the term of employment, the amount 
of compensation and the time or times when such com- 
pensation shall be due and payable shall be clearly and 

* As amended by sec. 11, chap. 340, Laws of 1885. 



Health and Decency. 135 



CHAP. 538, 

definitely set forth. But nothing herein contained shall 
be deemed to abridge or otherwise affect the term of 
employment of any teacher now or hereafter employed in 
the public schools, nor to repeal or affect any provision 
of special laws concerning the employment or removal of 
teachers now in force in any particular locality. 

§ 2. The pay of any teacher employed in the public Sp^jut* 
schools of this state shall be due and payable at least as least monthly 
often as at the end of each calendar month of the term 
of employment. 

§ 3. This act shall take effect immediately. 



HEALTH AND DECENCY. 

CHAP, 538. 

AIST ACT in relation to health and decency in the school 
districts of this state. 

Passed June 7, 1887. 
Section 1. From and after the first day of September, water-closets 

• i ill i-i ii Tj?i and division 

eighteen hundred and eighty-seven, the board ot eciuca- fences to be 
tion, or the trustee or trustees having supervision over any con8 ructe ' 
school district of this state, shall provide suitable and con- 
venient water-closets or privies for each of the schools 
under their charge, at least two in number, which shall be 
entirely separated each from the other and having separate 
means of access, and the approaches thereto shall be 
separated by a substantial close fence not less than seven 
feet in height. It shall be the duty of the officers afore- 
said to keep the same in a clean and wholesome condition, 
and a failure to comply with the provisions of this act on 
the part of the trustees shall be sufficient grounds for 
removal from office, and for withholding from the district 
any share of the public moneys of the state. Any expense Tax for. 
incurred by the trustees aforesaid in carrying out the 
requirements of this act shall be a charge upon the dis- 
trict, when such expense shall have been approved by the 
school commissioner of the district within which the 
school district is located ; and a tax may be levied therefor 
without a vote of the district. 



136 



General Acts Relating to Schools. 



CHAP. 661, 
1893. 



Vaccination 
of school 
children 



Appoint- 
ment of 
physician. 



Trustees to 
report. 



VACCINATION OF SCHOOL CHILDREN. 

CHAP. 661. 

AN ACT in relation to the public health, constituting 
chapter twenty-five of the general laws. 

Approved by the Governor May 9, 1893. Passed, three-fifths 
being present. 

The People of the State of New York, represented in 
Senate and Assetnbly, do enact as follows : 

CHAPTER XXV OF THE GENERAL LAWS. 
The Public Health Law. 

Section 200. No child or person not vaccinated shall 
be admitted or received into any of the public schools of 
the state, and the trustees or other officers having the 
charge, management or control of such schools shall eause 
this provision of law to be enforced. They may adopt a 
resolution excluding such children and persons not vac- 
cinated from such school until vaccinated, and when any 
such resolution has been adopted, they shall give at least 
ten days' notice thereof, by posting copies of the same in 
at least two public and conspicuous places within the limits 
of the school government, and shall announce therein 
that due provision has been made, specifying it, for the 
vaccination of any child or person of suitable age desiring 
to attend the school, and whose parents or guardians are 
unable to procure vaccination for them, or who are, by 
reason of poverty, exempted from taxation in such district. 

§ 201. Such trustees or board may appoint a competent 
physician and fix his compensation, who shall ascertain the 
number of children or persons in a school district, or in a 
subdivision of a city school government, of suitable age 
to attend the common schools, who have not been vacci- 
nated and furnish such trustees or board a list of their 
names. Every such physician shall provide himself with 
good and reliable vaccine virus with which to vaccinate 
such children or persons as such trustees or board shall 
direct, and give certificates of vaccination when required, 
which shall be evidence that the child or person to whom 
given has been vaccinated. The expenses incurred in 
carrying into effect the provisions of this and the preced- 
ing section shall be deemed a part of the expense of main- 
taining such school, and shall be levied and collected in 
in the same manner as other school expenses The trustees 
of the several school districts of the state shall include in. 
their annual report the number of vaccinated and unvacci- 
nated children of school age in their respective districts. 



Dissolution of Union Free School Districts. 187 



CHAP. 210, 
1880. 



DISSOLUTION OF UNION FREE SCHOOL DISTRICTS. 

CHAP. 210. 

AN ACT to provide for the dissolution of union free 
school districts in certain cases. 

Passed May 8, 1880. 

Section 1. In any union free school district established o f u ^ u ° c f a tf a n rd 
under the laws of this state, it shall be the duty of the board on appiica- 
of education, upon the application of fifteen resident tax- m eetin| a to 
payers of such district, to call a special meeting in the qu^uon'of 116 
manner prescribed by law, for the purpose of determining dissolution of 
whether application shall be made in the manner herein- 
after provided, for the dissolution of such union free 
school district, and for its reorganization as a common 
school district or districts. 

* § 2. Whenever, at any such meeting called and held Meetings to 
as aforesaid, it shall be determined by a majority vote of y <^£atumoi 
the legal voters present and voting, to be ascertained by notTo^eheia 
taking and recording the ayes and noes, not to dissolve ol . tene r than 
such union free school district, no other meeting for a 
similar purpose shall be held in said district within three 
years from the time the first meeting was held, and when- Proceedings, 
ever at any such meeting called and held as aforesaid it ^decides ' 
shall be determined by a two-thirds vote of the legal voters [i 0n dl,?sola " 
present and voting, to be ascertained by taking and record- 
ing the ayes and noes, to dissolve such union free school 
district, it shall be the duty of the board of education to 
present to the clerk of the board of supervisors a certified 
copy of the call, notice and proceedings, and the said clerk 
shall lay the same before the board of supervisors at their 
next meeting. If the board of supervisors shall approve ^pei-vls^f 
of the proceedings of said meeting, the clerk shall certify ^£ ei J t0 take 
the same to the board of education. Such approval shall 
not take effect until the day preceding the first Tuesday supervisors 
of August next succeeding; but after that date such that the 60 
district shall cease to be a union free school district. Ifdiesoived 

§ 3. If any union free school district dissolved under district, 
the foregoing provisions shall have been established by district had 
the consolidation of two or more districts, it shall be law- from twoor d 
ful for the board of supervisors to direct that its territory ™ e formed icts 
be divided in two or more districts to correspond, so into district 

the same as 

*As amended by sec. 15, chap. 413, Laws of 18S3, and by sec. 12, chap. 246, !?nf£w2 n " 
Laws of 1889. . souaatea. 



J 38 General Acts Relating to Schools. 



chap. 210, 



1880. ' far as practicable, with the districts theretofore consoli- 
dated. 

if an academy §4. If there shall be, in such dissolved union free 

adopted" it school district, an academy which shall have been adopted 

ehaiibetrans- as the academic department of the union free school, 

former tru/- under the provisions of title nine, chapter five hundred 

tees " and fifty-five of the laws of eighteen hundred and sixt} r - 

four, it shall, upon the application of a majority of the 

surviving resident former trustees or stockholders, be 

transferred by the board of education to said former 

trustees or stockholders. 

conditional § 5. The board of supervisors may make its approval of 

!? p I ,Tfi^.[ the proceeding of any such meeting held as aforesaid con- 

supGrviooi p. i i ii i • • i»ii 

ditional upon the payment, by the district which has been 
most greatly benefited by the consolidation in the way of 
buildings and other improvements to the other destrict or 
districts into which the said union free school district is 
divided, of such sum or sums of money as they may deem 
equitable. 
Moneys on § 6. All moneys remaining in the hands of the treasurer 

portioned 6 ap ' °^ tne un i° n ^ ree school district when the order of disso- 
lution shall take effect shall be apportioned equitably 
among the several districts into which such union free 
school district is divided, and shall be paid over to the col- 
lectors of such districts when they shall have been elected 
and have qualified according to law. 
Annual meet- *§ ?• The district or districts formed by the dissolution 
trirts°cr d eated °f sucn un i° n ^ ree school district shall hold its or their 
bydisso- annual meeting or meetings on the first Tuesday of 
August, next after the dissolution of such union free 
school district, and shall elect officers as now required by 
law. 
if proceed- § &' -^ ^he board of supervisors shall not approve the 

ingsarenot proceedings of any such meeting, held as aforesaid, for 
otr?e7meet-° the purpose of dissolving a union free school district, no 
infhreeyear^ other meeting shall be held in such district, for a similar 
purpose, within three years from the time the first meet- 
ing was held. 

§ 9. Whenever the proceedings of a meeting, held as 

dissolution to aforesaid, for the purpose of dissolving a union free school 

perfnteud 8 ent district, shall have been approved by the board of super- 

nmructiou visors and shall have been certified by the clerk of said 

board to the board of education, it shall be the duty of 

the board of education of the district affected forthwith 

* As amended by sec. 16, chap. 413, Laws of 1S83, and by sec. 13, chap. 240, Laws 
of 1889. . 



Rate Bills Abolished. 139 

-, -i. • , L - t l CHAP. 230. 

to notify the superintendent of public instruction, and to isoo. 
furnish him copies of the call, notice, proceedings of the 
meeting, and proceedings of the board of supervisors taken 
thereon. 



SCHOOL OFFICERS. 

SCHOOL OFFICERS NOT TO BECOME INDIVIDUALLY INTERESTED 
IN OFFICIAL CONTRACTS. 

CHAP. 220. 

AN ACT to amend section four hundred and seventy- 
three of the Penal Code. 

Became a law without the approval of the Governor, in accordance 
with the provisions of article four, section nine, of the Constitution, 
April 29, 1890. Passed, three-fifths being present. 

Section 1. Section four hundred and seventy-three of 
the Penal Code is hereby amended, so as to read as 
follows : 

* § 473. A public officer or school officer, who is author- school offl- 
ized to sell or lease any property, or to make any contract interested in 
in his official capacity, or to take part in making any such ^contracts, 
sale, lease or contract, who voluntarily becomes interested 
individually in such sale, lease or contract, directly or indi- 
rectly, except in cases where such sale, lease or contract, 
or payment under the same, is subject to audit or approval 
by the superintendent of public instruction, is guilty of a 
misdemeanor. 

§ 2. This act shall take effect immediately. 



TAXATION. 



RATE BILLS ABOLISHED. 

Sections 26 and 27 of chapter 406, Laws of 1867 : 
Hereafter all moneys, now authorized by any special The rate bills 
acts to be collected by rate bill for the payment of teachers' thoHzed^y" 1 * 
wages, shall be collected by tax, and not by rate bill. abolished 18 

Nothing in this act contained shall be construed to Local tax of 
authorize the common council of any city to increase the ^^ased 

* Members of boards of education not to be personally interested in any contract 
made by said board. See sec. 15, tit. 9, School Laws, as amended by chap. 485 
Laws of 1893. 



J 40 



CHAP. 409, 
1&82. 



General Acts Relating to Schools. 

local city tax for the support of the schools therein, 
beyond the amounts they are now authorized by law to 
raise for local school purposes, and such local tax shall be 
reduced in such city, by an amount equal to the amount 
it shall receive by the additional tax authorized by this 
act, for the support of schools in the state generally. 



Stockholdets 
to be taxed 
on shares 
where bank 
is located. 



BANKING ACT. 

* CHAP. 409. 

AN ACT to revise the statutes of this state relating to 
banks, banking and trust companies. 

title xii. 

Passed July 1, 1882. 

Section 312. The stockholders in every bank or bank- 
ing association organized under the authority of this state, 
or of the United States, shall be assessed and taxed on 
the value of their shares of stock therein ; said shares 
shall be included in the valuation of the personal property 
of such stockholders in the assessment of taxes at the place, 
city, town or ward where such bank or banking association 
is located, and not elsewhere, whether the said stockholders 
reside in said place, city, town or w r ard or not ; but in the 
assessment of said shares each stockholder shall be allowed 
all the deductions and exceptions allowed by law in assess- 
ing the value of other taxable personal property owned by 
individual citizens of this state, and the assessment and 
taxation shall not be at a greater rate than is made or assessed 
upon other moneyed capital in the hands of individual 
Deductions, citizens of this state. In making such assessment there 
shall also be deducted from the value of such shares such 
sum as in the same proportion to such value as is the 
assessed value of the real estate of the bank or banking 
association, and in which any portion of their capital is 
invested, in which said shares are held to the whole amount 
of the capital stock of said bank or banking association. 
Nothing herein contained shall be held or construed to 
exempt the real estate of banks or banking associations 
from either state, county or municipal taxes, but the same 
shall be subject to state county, municipal and other taxa- 
tion to the same extent and rate and in the same manner 
accrording to its value as other real estate is taxed. The 
local authorites charged by law with the assessment of 
the said shares shall, within ten days after they have com- 

* As amended by section 2, 3 and 4 of chapter 714 Laws of 1892. 



Banking Act. 141 



pleted such assessment, give written notice to each bank CH t^a. 409, 
or banking association of such assessment of the shares of 
its respective shareholders, and no personal or other notice 
to such shareholders of such assessment shall be necessary 
for the purpose of this act. 

§ 313. There shall be kept at all times in the office List of stock- 
where the business of each bank or banking association bekept. to 
organized under the authority of this state, or of the 
United States, shall be transacted, a full and correct list 
of the names and residences, and in cities the resi- 
dences and street number thereof, of all the stockholders 
therein and of the number of shares held by each ; and 
such list shall be subject to the inspection of the officers 
authorized to assess taxes during the business hours of 
each day in which business may be legally transacted, and 
it shall be the duty of the managing officer or officers of 
such bank or banking association to furnish to the officers 
authorized to assess taxes in the town or ward where such 
bank or banking association is located, when requested to 
do so by such officers, and, in the city of New York, on 
or before the first day of December in each year, a list of 
the names and residences of such shareholders and the 
number of shares held by each, together with a statement 
of the nominal capital and the number of shares and par 
value of shares of such bank or banking association, and 
the location and assessed value of all real estate owned by 
such bank or banking association and in which any 
portion of its capital is invested, such list and statement 
to be certified under oath by the managing officer or 
officers of such bank or banking association, and the 
names of the holders of such shares appearing upon such 
list shall be deemed the names of the owners of such 
shares as are set opposite them respectively for the pur- 
poses of assessment and taxation, as provided for in this 
chapter. 

§ 314. When the owner of stock in any bank or bank- Tax, when 
ing association organized under the laws of this state, or 
of the United States ; shall not reside at the same place 
where the bank or banking association is located, the 
collector and county treasurer shall, respectively, have 
the same powers as to collecting the tax to be assessed by 
this act as they have by law when the person assessed has 
removed from the town, ward or county in which the 
assessment was made, and the county treasurer, receiver 
of taxes or other officer authorized to receive such tax 
from the collector may, all or either of them, have an 



142 



General Acts Relating to Schools. 



CHAP. 409, 
1882. 



A lien upon 
stock. 



Dividends to 
be retained 
by bank to 
pay tax. 



Shareholders 
of state and 
national 
banks to be 
taxed alike. 



Intent of fore- 
going section . 



action to collect tlie tax from the avails of the sale of his, 
her or their shares of stock, and the tax on the share 
or shares of said stock shall be and remain a lien thereon 
from the day when the property is by law assessed, till 
the payment of said tax, and if transferred after such 
day, the transfer shall be subject to such lien. The 
county treasurer, receiver of taxes or other officer author- 
ized to receive such tax on default or neglect to pay the 
same, may by action in any court of record foreclose said 
constructive and statutory lien, and may also pursue the 
same remedies as now provided by law for enforcing 
payment of personal taxes against residents. 

§ 315. For the purpose of collecting the taxes to be 
assessed under the last three preceding sections of this act, 
and in addition to any other law of this state not in conflict 
with the Constitution of the United States relative to the 
imposition of assessment and collection of taxes, it shall 
be the duty of every such bank or banking association and 
the managing officer or officers thereof to retain and 
within thirty days after declaring the same to pay over to 
the collector, county treasurer or receiver of taxes so much 
of any dividend or dividends belonging to such stock- 
holder as shall be necessary to pay any taxes assessed in 
pursuance of the last three preceding sections of this 
act, unless it shall be made to appear to such officer or 
officers that such taxes have been paid previously by the 
shareholders. 

§ 318. The shareholders of any bank, banking asso- 
ciation, or corporation doing a banking business under 
the general banking law or a special charter of this state 
shall be assessed and taxed with respect to their shares of 
stock, only at the same rate and place, to the same extent 
and in the same manner as shareholders of national banks 
may be liable at the same time to be assessed and taxed 
by authority of the state of New York ; provided, 
however, that no debts shall be deducted from any such 
assessment of any person applying for the benefit of this 
act, which have been deducted from the assessment of 
other personal property of such person ; and in making 
application for such deduction, every person making the 
application shall make oath that he has not applied to have 
such debts deducted from any other assessment against 
him and that no such deduction has been made. 

§ 319. It is hereby declared that the true intent and 
meaning of the last preceding section of this act is to 
place and maintain shareholders of banks, associations 



Delaware and Hudson Canal Company. 143 



and corporations aforesaid upon an equality in the par- CH i886. 540 ' 
ticular in this act referred to, with the shareholders of 
national banks organized under the act of congress, 
entitled "An act to provide a national currency secured 
by a pledge of United States bonds, and to provide for 
the circulation and redemption thereof, approved June 
third, eighteen hundred and sixty-four ; " and all acts and 
parts of acts inconsistent with the provisions hereof are 
hereby repealed. 

§ 320. Every individual banker doing business under Tax upon 
the laws of this state is hereby required to declare upon bankere. a 
oath before the assessor the amount of capital invested in 
such banking business, and each one hundred dollars 
of such capital for the purpose of this act, and for the 
purpose of taxation, shall be held and regarded as one 
individual share in such banking business, and such shares 
are hereby declared to be personal property. If such 
banker have partners he shall declare upon oath before 
the assessor the number of shares held by each of them in 
such banking business ascertained as above provided ; 
and the shares so held by any partner shall be included in 
the valuation of his 'taxable property in the assessment 
of all taxes levied in the town, school district or ward 
where such individual banker is located, and not elsewhere ; 
and such individual banker shall pay the same and make 
the amount so paid a charge in his accounts with such 
partners ; and if such individual banker have no partners, 
he shall be held to be the owner of all the shares in such 
business of banking, and the same shall be included in 
the valuation of his personal property in the assessment 
of all taxes levied in the town, school district or ward 
where his bank is located, and not elsewhere. 



DELAWARE AND HUDSON CANAL COMPANY. 

CHAP. 54,0. 

AN ACT in relation to the valuation of the property of 
the president, managers and company of the Delaware 
and Hudson Canal Company in school districts, for the 
purpose of taxation. 

Passed June 1, 1880. 

Section 1. It shall be the duty of the town assessors, Assessors 
within fifteen days after the completion of their annual valuation' 011 
assessment list, to apportion the valuation of the property era pchoof 
of the president, managers and company of the Delaware districts. 



144 



General Acts Relating to Schools. 



CHAP. 540, 
1880. 



To be in 
writing. 



Filed with 
town clerk. 



Supervisor 
to make 



and Hudson Canal Company, as appears on such assess- 
ment list, among the several school districts in their town 
in which any portion of said property is situated, giving 
to each of said districts their proper portion, according to 
the proportion that the value of said property in each 
of such districts bears to the value of the whole thereof in 
said town. 

§ 2. Such apportionment shall be in writing and shall 
be signed by said assessors, or a majority of them, and 
shall set forth the number of each district and the amount 
of the valuation of the property of the president, managers 
and company of the Delaware and Hudson Canal Com- 
pany, apportioned to each of said districts ; and such 
apportionment shall be filed with the town clerk by said 
assessors, or one of them, within five days after being 
made, and the amount so apportioned to each district shall 
be the valuation of the property of said Delaware and 
Hudson Canal Company, on which all taxes against said 
Delaware and Hudson Canal Company, in and for said 
districts, shall be levied and assessed until the next annual 
assessment and apportionment. 

§ 3. In case the assessors shall neglect to make such 
saniein case apportionment, it shall be the duty of the supervisor of 
assessors 1 by the town, on the application of the trustees or board of 
education of ar% district, or of the said Delaware and 
Hudson Canal Company, to make such apportionment, in 
the same manner and with like effect as if made by said 
assessors, 
certified 8 4. The town clerk shall, whenever requested, furnish 

statement to ■*■ 

be furnished to the trustees or board of education of each district a 
trustees. certified statement of the amounts apportioned to such 

district, and the name of the company to which the same 

relates, 
certified copy § 5. The town clerk shall, whenever requested, once 
menuo'be" each year, furnish to the agent of the said Delaware and 
furnished the Hudson Canal Company and to the trustees or board of 

company. , r •/ . , . . . 

education of each school district to which any portion 
of said appropriation belongs, a certified copy of said 
apportionment, 
a^ion^s'made § ^. In case any alteration shall be made in any school 
in school district, affecting the property of the said Delaware and 
Hudson Canal Company, the officer making such alteration 
shall at the same time determine what change in the valua- 
tion of the said property in such district would be just, on 
account of the alteration of such district, and the valuation 
shall be accordingly changed. 

§ 7. This act shall take effect immediately. 



district 



Forest Preserve. 145 



CHAP. 332, 
1893. 



FOREST PRESERVE. 

CHAP, 332. 

A.N ACT in relation to the forest preserve and Adiron- 
dack park, constituting articles 6 and 7 of chapter 43 
of the general laws. 

Approved by the Governor April 7, 1893. 
Section 100. The forest preserve shall include the lands Forest 
now owned or hereafter acquired by the state within the 
counties of Clinton, except the towns of Altona and 
Dannemora, Delaware, Essex, Franklin, Fulton, Hamilton, 
Herkimer, Lewis, Oneida, Saratoga, St. Lawrence, "Warren, 
Washington, Greene, Ulster and Sullivan, except 

1. Lands within the limits of any village or city, and, 

2. Lands, not wild lands, acquired by the state on fore- 
closure of mortgages made to the commissioners for loan- 
ing certain moneys of the United States, usually called the 
United States deposit fund. 

Section 106. All wild or forest land within the forest Taxation of 
preserve shall be assessed and taxed at a like valuation serve*. pie * 
and rate as similar lands of individuals within the counties 
where situated. On or before August first in every year Asse8Borsto 
the assessors of the town within which the lands so belong- file copy of 
ing to the state are situated shall file in the office of the roiiwith 
comptroller, and of the forest commission, a copy of ^Forest 51 " 
the assessment-roll of the town which, in addition to the commission, 
other matter now required by law; shall state and specify ment-roi! 688 * 
which and how much, if any, of the lands assessed are 8nal1 8tate - 
forest lands, and which and how much, if any, are lands 
belonging to the state ; such statements and specifications 
to be verified by the oaths of a majority of the assessors. 
The comptroller shall thereupon and before the first day comptroller 
of September following, and after hearing the assessors SeLsmel't 1 
and the forest commission if they or any of them so desire, 
correct or reduce any assessment of state land which may 
be in his judgment an unfair proportion to the remaining 
assessment of land within the town, and shall in other 
respects approve the assessment and communicate such 
approval, to the assessors. No such assessment of state 
lands shall be valid for any purpose until the amount of 
assessment is approved by the comptroller, and such 
approval attached to and deposited with the assessment- 
roll of the town and therewith delivered by the assessors 
of the town to the supervisor thereof or other officer 
authorized to receive the same from the assessors. No 

10 



146 



General Acts Relating to Schools. 



be made. 



1867. tax for the erection of a school-house or opening of a road 
Taxforerec- shall be imposed on the state lands, unless such erection 

tion or -ini i j? i • .. 

school-house . or opening shall nave been first approved in writing by 
How pay- the forest commission. Payment of the lawful and just 
taxes to amount of the taxes imposed under this section on lands 
so belonging to the state shall in every year be made by 
the treasurer of the state on the certificate of the comp- 
troller by allowing to the treasurer of the county in which 
such lands are situated a credit of the amount of such taxes 
due on such lands payable by such county treasurer in such 
year to the state for slate taxes ; but no fees shall be 
allowed by the comptroller to the count}* treasurers in 
adjusting their accounts for such portion of the state tax 
so paid. 



RAILROADS. 



Town as- 
sessors to 
apportion 
valuation; the 
property of 
railroad, tele- 
graph, tele- 
phone, and 
pipe-line 
companies. 



Apportion- 
ment to be 
in writing 
and to be 
filed with 
town clerk. 



CHAP. 694. 

AN ACT in relation to the valuation of the property of 
railroad companies in school districts, for the purpose of 
taxation. 

Passed April 23, 1867. 

* Section 1. It shall be the duty of the town assessors, 
within fifteen days after the completion of their annual 
assessment list, to apportion the valuation of the property 
of each and every railroad, telegraph, telephone and pipe- 
line company as appears on such assessment list, among 
the several school districts in their town, in which any 
portion of said property is situated, giving to each of said 
districts their proper portion, according to the proportion 
that the value of said property in each of such districts 
bears to the value of the whole thereof in said town. 

f § 2. Such apportionment shall be in writing, and shall 
be signed by said assessors, or a majority of them, and 
shall set forth the number of each district and the amount 
of the valuation of the property of each railroad, tele- 
graph, telephone and pipe-line companies apportioned to 
each of said districts ; and such apportionment shall be 
filed with the town clerk by said assessors, or one of 
them, within five clays after being made ; and the amount 
so apportioned to each district shall be the valuation of 
the property of each 1 of said companies, on which all 
taxes against said companies in and for said districts shall 



* As amended by sec. 1, chap. 414, Laws of 1884. 
t As amended by sec. 2, chap. 414, Laws of 18S4. 



Collection of Taxes. 147 



be levied and assessed, until the next annual assessment mi. ' 
and apportionment. 

* § 3. In case the assessors shall neglect to make such m U ay e app S or- 
apportionment it shall be the duty of the supervisor of ^"Jgors 
the town, on the application of the trustees or board of neglect. 
education of any district, or of any railroad, telegraph, 
telephone or pipe-line compan}^, to make such apportion- 
ment in the same manner and with the like effect as if 
made by said assessors. 

§ 4. The town clerk shall, whenever requested, furnish to°^ n n f 8 e h rk 
to the trustees or board of education of each district, a certified 
certified statement of the amounts apportioned to such f p a ponfon-° f 
district, and the name of the companj' to which the same ™**tj£ s 
relates. 

f § 5. In case any alteration shall be made in any school ^^tstrict 1136 
district affecting the property of any railroad, telegraph, is made, 
telephone or pipe-line company, the officer making such 
alteration shall, at the same time, determine what change 
in the valuation of said property in such district would be 
just, on account of the alteration of district, and the valua- 
tion shall be accordingly changed. 

§ 6. This act shall take effect immediately. 



K AILRO AD COMPANIES. 

COLLECTION OF TAXES. 

CHAP. 675. 

AN ACT to facilitate the payment of school taxes by 
railroad companies. 

Passed July 25, 1881. 
± Section 1. It shall be the dutv of the school collector schooicoiiect- 

. T i , i i • . • i . •• .i . ors to deliver 

in each school district m this state, except m the counties statement to 
of New York, Kings and Cattaraugus, within five days urer'of every 
after the receipt by such collector of any and every tax or ^nt&glimt 
assessment-roll of his district, to prepare and deliver to the railroad com- 
county treasurer of the county in which such district, or theirdistricte. 
the greater part thereof, is situated, a statement showing 
the name of each railroad company appearing in said roll, the treasurer 
assessment against each of said companies for real and per- Jf"^ l n h e t r } |* 
sonal property respectively, and the tax against each of ^ ticket 
said companies. It shall thereupon be the duty of such railroad com- 

pany. 

* As amended by sec. 12, chap. 340, Laws of 1885. 

t Note. — See following chapter. 

t As amended by sec. 1, chap. 319, Laws of 1882, and by chap. 533, Laws of 1885. 



148 



CHAP. 675, 

1881. 



Railroad com- 
pany may pay 
tax with fees 
to county 
treasurer. 



Collector to 
collect tax 
after thirty 
days. 



Amount paid 
treasurer to 
be paid over 
to collector. 



May pay tax 
to collector. 



General Acts Relating to Schools. 

county treasurer, immediately after the receipt by him of 
such statement from such school collector, to notify the 
ticket agent of any such railroad company assessed for 
taxes at the station nearest to the office of such county 
treasurer personally or by mail, of the fact that such state- 
ment has been filed with him by such collector, at the 
same time specifying the amount of tax to be paid by such 
railroad company. 

§ 2. Any railroad company heretofore organized, or 
which may hereafter be organized, under the laws of this 
state, may within thirty days after the receipt of such 
statement by such county treasurer, pay the amount of 
tax so levied or assessed against it in such district and 
in such statement mentioned and contained with one per 
centum fees thereon, to such county treasurer, who is 
hereby authorized and directed to receive such amount 
and to give proper receipt therefor. 

§ 3. In case any railroad company shall fail to pay such 
tax within said thirty days, it shall be the duty of such 
county treasurer to notify the collector of the school 
district in which such delinquent railroad company is 
assessed of its failure to pay said tax, and upon receipt 
of such notice it shall be the duty of such collector to 
collect such unpaid tax in the manner now provided by 
law, together with five per centum fees thereon ; but no 
school collector shall collect 'by distress and sale any tax 
levied or assessed in his district upon the property of any 
railroad company until the receipt by him of such notice 
from the county treasurer. 

§ 4. The several amounts of tax received by any county 
treasurer in this state, under the provisions of this act, of 
and from railroad companies, shall be by such county 
treasurer placed to the credit of the school district for or 
on account of which the same was levied or assessed, 
and on demand paid over to the school collector thereof, 
and the one per centum fees received therewith shall be 
placed to the credit of, and on demand paid to, the school 
collector of such school district. 

§ 5. Nothing in this act contained shall be construed to 
hinder, prevent or prohibit any railroad company from 
paving its school tax to the school collector direct, as now 
provided by law. 

§ 6. This act shall take effect immediately. 



Text-books. J 49 

CHAP. 413J 

1877 

TEXT BOOKS. 

CHAP. 4,13. 

AN ACT to prevent frequent changes of text-books in 

schools. 

Passed June 5, 1877. 

* Section 1. The boards of education, or such bodies as Text-books, 
perform the functions of such boards in the several cities, and useo?."' 
villages and union free school districts of this state, shall 
have power and it shall be their dut} r to adopt and desig- 
nate text-books to be used in the schools under their charge 
in their respective districts. In the other sehoo! districts 
in the state the text-books to used in the schools therein 
shall be designated at the first annual school meeting held 
after the passage of this act by a two thirds vote of all the 
legal voters present and voting at such school meeting. 

§ 2. When a text-book shall have been adopted for use wnen 
in any of the public or common schools in this state, as tobeauper- 
provided in the first section of this act, it shall not be law- thers b in 
ful to supersede the text-book so adopted b} r any other five years. 
book within a period of five years from the time of such 
adoption, except upon a three-fourths vote of the board 
of education, or of such body as perform the function of 
such board, where such board has made the designation, 
or upon a three-fourths vote of the legal voters present 
and voting at the annual school meeting in any other 
school district. 

§ 3. Any person or persons violating any of the pro- Penalty for 
visions of this act shall be liable to a penalty of not less V1 
than fifty dollars nor more than one hundred dollars for 
every such violation, to be sued for by any tax payer of 
the school district, and recovered before any justice of the 
peace, said fine, when collected, to be paid to the collector 
or treasurer for the benefit of said school district. 

§ 4. This act shall take effect immediately. 

* As amended by sec. 1, chap. 427, Laws of 1884. 



150 General Acts Relating to Schools. 



CHAP. 214, 

1892 ' PHYBIOLOGY AND HYGIENE IN PUBLIC SCHOOLS. 

CHAP. 30. 

AN ACT in relation to the study of physiology and 
hygiene in the public schools. 

Passed March 10, 1884. 

uesufmake 1 ' Section 1. Provision shall be made by the proper local 
provieionfor school authorities for instructing all pupils in all schools 
phy^oiogy supported by public money, or under state control, in 
and hygiene. ph vs i i gy an d hygiene, with special reference to the 

effect of alcoholic drinks, stimulants and narcotics upon 

the human system, 
candidates § 2. No certificate shall be granted to any person to 
tKtes teach in the public schools of the state of New York after 
to teach must the first day of January, eighteen hundred and eighty-five, 

passexamina- , , J , J ' P » ■ -.• • i_ • 

tion in this who has not passed a satisfactory examination m pnysi- 
etudy. ology and hygiene, with special reference to the effects of 

alcoholic drinks, stimulants and narcotics upon the human 

system. 

WOMEN. 

entitled to vote and hold office. 

CHAP. 9. 

AN ACT to declare women eligible to serve as school 

trustees. 

Passed February 12, 1880. 

Ii e 8 X na°iif not Section 1. No person shall be deemed to be ineligible 
a voter. to serve as any school officer, or to vote at any school 

meeting, by reason of sex, who has the other qualifications 

now required by law. 

§ 2. This act shall take effect immediately. 



determining those who have a right to vote for 
school commissioners. 

CHAP. 314. 

AN ACT to determine those who have a right to vote 
for school commissioners. 

Became a law without the approval of the governor, in accordance 
with the provisions of article four, section nine of the Constitution, 
April 7, 1892. 

who entitled Section 1. All persons, without regard to sex, who 
are eligible to the office of school commissioner, and have 
the other qualifications now required by law, shall have the 



to vote. 



Collection of Taxes. 15 L 



CHAP. 214, 



right to vote for school commissioners in the various com- 1892.' 
missioner districts of the state. 

§ 2. All persons so entitled to vote for school commis- Re s istration - 
sioner shall be registered, as provided by law for those 
who vote for county officers ; and whenever school com- 
missioners are to be elected at the ensuing election, it 
shall be the duty of the -county clerk to prepare a ballot ^J_ f<n ' 
to be used exclusively by those who, by reason of sex, 
can only vote for school commissioners. Said ballots 
shall be substantially in size and appearance like the other 
ballots provided by law, with the additional indorsement 
" School Commissioner " and distributed to the several 
polling places in the same manner. 

§ 3. It shall be the duty of inspectors of elections to ^p^tois of 
give to such persons as are only entitled to vote for the election, 
office of school commissioner, such ballots as contain the 
names only of candidates for that office, and to deposit 
the ballot selected by such persons in the ballot-box 
wherein other ballots are placed, provided such persons 
are properly registered, and who shall have selected their 
ballots in the same manner and form as is required of 
those who vote for other county or state offices ; and no 
ballot then voted by persons only entitled to vote for 
school commissioner shall be counted in case it is found 
to contain, when canvassed, the name of any person for 
any other office than that of school commissioner. All f e a pa°rate and 
ballots furnished by the county clerk for the use of those rtl8tinct - 
persons who can only vote for school commissioner, shall 
be separate and distinct from the other ballots, and given 
only to those who are not privileged to vote for any other 
officer. 

§ 4. In ascertaining the number of those who have a t v? J; e J 8 r^ dis " 
right to vote 111 any one polling district for the purpose visoas to 
of determining whether such district has more than three e erml 
hundred voters, it shall not be necessary to count those 
who, by reason of sex, are denied the right to vote only 
for the office of school commissioner. 

§ 5. This act shall take effect immediately. 



152 



CHAP. 672. 
1887. 



Code of Pub- 
lic Instruc- 
tion, how- 
to be 
distributed. 



To be the] 
property of 
the district. 



Trustees cus- 
todians of. > 



In case of 
loss, how 
replaced. 



Penalty for 
failure of trus 
tees to 
comply. 



Application 
of moneys 
received for 
penalties. 



Appropria- 
tion for. 



General Acts Relating to Schools. 



CODE. 

CUSTODY OF. 

CHAP. 672. 

AN ACT to provide for the distribution of the Code of 
Public Instruction to the several school districts of the 
state, and making appropriation therefor. 

Passed June 24, 1887. 
Section 1. The state superintendent of public instruc- 
tion is hereby directed to deliver, or cause to be delivered, 
one copy of the Code of Public Instruction, the amended 
and annotated edition of eighteen hundred and eighty- 
seven, substantially bound in law sheep, to each of the 
several school districts of the state. The copies of said 
Code so distributed shall be the property of the several 
school districts receiving the same, and there shall be 
plainly inscribed on the outside of the cover of each book 
the following words, namely : This Code is the property 
of school district number , town of , 

county of ; the blank spaces being filled in by 

the number of the district and the names of the town and 
county where said book shall belong. 

§ 2. The trustees of each school district are hereby 
made the custodians of the Code of Public Instruction 
belonging to such school district, and shall deliver the 
same to their successor or successors in office. And in 
case such copy of said Code shall have been lost or destroyed 
through or by means of the fault or negligence of the 
trustees, the trustees so permitting the same to be lost or 
destroyed shall, at their own expense, procure a copy of 
the latest edition of the Code of Public Instruction and 
deliver the same to their successor or successors in office 
in lieu of the copy so lost or destroyed. 

§ 3. Every trustee who fails to comply with the provi- 
sions of the foregoing section shall forfeit the sum of 
twenty-five dollars. This penalty shall be sued for by the 
trustees of the district and shall be used in the purchase 
of books for the district library, but the state superintend- 
ent of public instruction may, upon the application in 
writing of the trustees of the district, indorsed by the 
school commissioner of that commissioner district, direct 
that it be applied toward the payment of teachers' wages. 
§ 4. The sum of eighteen thousand dollars, or so much 
thereof as may be necessary, is hereby appropriated out of 
any moneys not otherwise appropriated, to defray the 



To Define the Public and Legislative Printing. 153 



expense of carrying out the provisions of this act, which isst. 
shall be paid by the treasurer, on the warrant of the comp- 
troller, upon vouchers approved by said superintendent. 
§ 5. This act shall take effect immediately. 



REPORTS. 

* CHAP. 710. 

AN ACT to amend chapter five hundred and eighty-eight 
of the laws of eighteen hundred and eighty six, entitled 
" An act to provide for and define the public or legis- 
lative printing." 

Passed June 25, 1887. 

StrnTT/w 1 * * * * * * Superintend- 

ed ION J.. . ent's reports 

§ 2. Section eight of chapter rive hundred and eighty- to be printed 
eight of the laws of eighteen hundred and eighty-six, is t?on. ls ' 
hereby amended so as to read as follows : 

§ 8. In addition to the usual number of regular reports 
made by the state officers and institutions, there shall be 
printed as extra copies of legislative documents for the 
use of the respective departments, institutions and boards ; 
* * * * of the report of the superintendent 
of public instruction, fifteen thousand copies, all bound 
in cloth, to be distributed by that officer as follows : Eleven 
thousand three hundred copies for the school districts of 
the state, being one copy for each school district ; nine 
hundred copies to school commissioners and city superin- 
tendents ot schools ; two hundred copies to the state 
normal and training schools; three hundred copies to 
academies and high schools ; one thousand copies to mem- 
bers and officers of the legislature and state officers ; one 
thousand three hundred copies for the use of the state 
superintendent of public instruction ; also three hundred 
copies, printed on forty-four pound calendered paper and 
bound in leather, for exchange with superintendents of 
public instruction of the states and territories, and for 
dislribution among public libraries. 

* As amended by section 1 i<f ch;i;>ter 643 of Laws of 1892. 



APPEALS -RULES OF PRACTICE. 



STATE OF NEW YORK: 

Department of Public Instruction, J 
Albany, N. Y., July 1, 1893. j 

Pursuant to the authority conferred by section 2, title 12, chapter 
555, Laws of 1864, the state superintendent has, by an order dated 
April 25, 1893, established the following amended rules to regulate 
the practice in appeals : 

1. An appeal must be in writing, addressed " to the superin- 
tendent of public instruction," stating the grounds upon which it is 
taken, and signed by the appellant or appellants. The appeal must 
be verified by the oath of the appellant or appellants. When the 
appeal is made by the trustees of a district, it must be signed by 
all the trustees, or a reason must be given for the omission of any, 
verified by the oath of the appellant, or of some person acquainted 
with such reason. 

2. A copy of the appeal, and of all the statements, maps and 
papers intended to be presented in support of it, with the affidavit 
in verification of the same, must be served on the officer or officers 
whose act or decision is complained of, or some of them ; or if it 
be from the decision or proceeding of a district meeting, upon the 
district clerk or one of the trustees, whose duty it is to cause infor- 
mation of such appeal to be given to the inhabitants who voted for 
the decision. 

3. Such service must be made by delivering a copy of the appeal 
to the party to be served personally, or, in case he cannot be found 
in the commissioner district in which he resides, after due diligence, 
by delivering and leaving the same at his residence, with some 
person of suitable age and discretion, between six o'clock in the 
morning and nine o'clock in the evening. 

4. Immediately after the service of such copy the original, 
together with an affidavit proving the service of a copy thereof and 
stating the time and manner of the service and the name and official 
character of the person upon whom such service was made, must be 
transmitted to the department of public instruction at Albany. 

5. Such original appeal and all papers, etc., annexed thereto, with 
proof of service of copies, as required by rules 3 and 4, must be 
sent to the department of public instruction within thirty days 
after the making of the decision or the performance of the act 
complained of or within that time after the knowledge of the cause 
of complaint came to the appellant, or some satisfactory excuse 



Appeals — Rules of Practice. ] 55 

must be rendered in the appeal for the delay. If an answer is 
received to an appeal which has not been transmitted to the depart- 
ment, such appeal will be dismissed. 

t>. The party upon whom an appeal shall be served must, within 
ten days from the time of such service, unless further time be given 
by the state superintendent, on application, answer the same, either 
by concurring in a statement of facts with the appellant or by a 
separate answer, and of all affidavits, papers, maps, etc., in support 
thereof. Such statement and answer must be signed by all the 
trustees or other officers whose act, omission or decision is appealed 
from, or a good reason, on oath, must be given for the omission of 
the signature of any of them. Such answer must be verified by 
oath and a copy thereof and of all the statements, maps, papers, etc., 
intended to be presented in support thereof, served on the appellants 
or some one of them, in like manner as is provided in rule 3 for the 
service of a copy of an appeal. 

7. Immediately after the service of a copy of such answer and 
the statements, papers, etc., presented in support thereof, the origi- 
nal answer and papers, etc., together with an affidavit of the service 
of such copy and stating the time and manner of the service and 
the name and official character of the person upon whom such 
service was made, as hereinbefore provided for the service of a 
copy of an appeal, must be transmitted to the department of public 
instruction, at Albany. 

8. No reply, replication or rejoinder shall be allowed, except 
by permission of the state superintendent of public instruction ; in 
which case, such reply, replication and rejoinder must be duly veri- 
fied by oath, and copies thereof served on the opposite party. 
Immediately after the service of such copy, the original, together 
with an affidavit of such service, and stating the time and manner 
of the service and the name and official character of the person 
upon whom such service was made, must be transmitted to the 
department of public instruction, at Albany. 

9. So far as the parties concur in a statement, no oath will be 
required to it. But all facts, maps or papers, not agreed upon by 
them and evidenced by their signature on both sides, must be veri- 
fied by oath. 

10. When any proceeding of a district meeting is appealed from, 
and when the inhabitants^of a district generally are interested in 
the matter of the appeal, and in all cases where an inhabitant might 
be an appellant had the decision or proceeding been the opposite of 
that which was made or had, any one or more of such inhabitants 
may answer the appeal, with or without the trustees. 

11. Where the appeal has relation to the alteration or formation 
of a school district, it must be accompanied by a map, exhibiting 



156 Appeals — Rules of Practice. 

the site of the school-house, the roads, the old and new lines of dis- 
tricts, the different lots, the particular location and distance from 
the school-houses of the persons aggrieved, and their relative dis- 
tance, if there are two or more school-houses in question. Also, a 
list of all the taxable inhabitants in the district or territory to be 
affected by the question, showing in separate columns the valuation 
of their property, taken from the last assessment-roll, and the num- 
ber of children between five and twenty-one belonging to each 
person, distinguishing the districts to which they respectively belong. 

12. An appeal, of itself, does not stay proceedings. If the party 
desires such stay he should apply for it by petition, stating the facts 
why such stay should be made, duly verified. The superintendent 
will grant a stay, or not, as in his judgment it may be proper, or 
may subserve the interests of either party or the public ; and may 
direct a copy of the petition to be served on the opposite party, and 
a hearing of both sides before deciding upon the application. 

13. The affidavit of verification, required by these rules to an 
appeal, answer, reply, replication and rejoinder, must be to the 
effect, that the same is true to the knowledge of the affiant, except 
as to the matters therein stated to be alleged on information and 
belief, and that as to those matters he believes it to be true. 

14. All oaths required by these rules may be taken before any 
person authorized to take affidavits. 

15. All appeals and other papers therein must be fairly and 
legibly written ; and if not so written, may, in the discretion of the 
superintendent, be returned to the parties. 

16. When any party, appellant or respondent, is not represented 
on the appeal by an attorney, the name of such party, with the 
names of the district, town and county and his post-office address 
must be indorsed upon each paper of the party so represented, 
filed in the department on such appeal ; and, when represented by 
an attorney, the name of such attorney, with the name of the district, 
town and county affected and his post-office address, must be so 
indorsed upon each paper of the party so represented, filed in the 
department on such appeal. 

17. Submission of appeals may be made upon the papers filed 
therein, with or without oral argument, or the filing of briefs, as 
the superintendent, upon application, may determine. 

18. The decision of the superintendent in every case will contain 
the order, or directions, necessary and proper for giving effect to 
his decisions. 

19. A decision upon an appeal will be forwarded by the super- 
intendent to the clerk of the school district in which the appeal 
arose, or the town clerk of the town, when the appeal relates to the 
alteration of a district in which the order appealed from is filed, 
whose duty it will be to file the same in his office as a public record. 



Appeals — Rules of Practice. 157 

PRACTICE ON APPLICATION" FOR REMOVAL OF 
SCHOOL OFFICERS. 

Under Section 18 of Title L of Consolidated School Law 
of 1864:, and Amendments. 

For Willful Violation or Neglect of Duty. 

The proceedings are generally termed appeals asking for the 
removal of the officer against whom the charges are made. 

The applicant should prepare a petition addressed, " To the 
Superintendent of Public Instruction," in which, after distinctly 
stating the charge should proceed with a specification of the facts 
by which it is established, which must be set forth with such 
certainty as to time, place, etc., as to furnish the officer with pre- 
cise information as to what he is expected to meet, and enable him 
to look for repelling testimony. The charges must not only be 
distinctly alleged, but they must be specifically proved. After 
being verified, a copy of the petition, and of all affidavits in sup- 
port thereof, including the affidavits of verification thereto, must 
be served upon the officer whose removal is sought, together with 
a notice of the application, which may be substantially in the 
following words : 

Sir. — Take notice that the petition and affidavits, with copies of 
which you are herewith served, will be presented to the superin- 
tendent of public instruction at Albany, and application thereupon 
made for your removal from the office of of district 

No. of in county ; and that you are required to 

transmit your answer to such application, duly verified, to the 
department of public instruction within ten days after the service 
hereof, or the charges contained in such affidavits will be deemed 
to be admitted by you. 

A B 

Post-office address 

A copy of this notice, together with an affidavit proving the service 
thereof, and of the petition and affidavits therein referred to, and 
the date and manner of such service must be transmitted, with the 
original petition and affidavits, to the department of public instruc- 
tion. The officer cannot be prejudiced by any statement which he 
has not been called upon to answer. The officer must transmit his 
sworn answer, together with the affidavits of other persons, if he 
deems them necessary, with proof of service of copies thereof upon 
the petitioner, to the department within ten days. If, for any 
reason, as the absence of material witnesses, he is unable to com- 
plete his defense in that time, he should, before its expiration, 



J 58 Appeals — Rules of Practice. 

transmit his own answer, duly verified, with a statement, under 
oath, of the facts which render it necessary that the time to pro- 
cure further evidence should be extended, and stating the earliest 
day at which he expects to be able to obtain such evidence. If a 
probable defense appeal's from his answer, and the application for 
further time is reasonable, an order will be made granting it. 

If no answer is made by the officer to the petition, etc., the 
allegations contained in said petition, etc., will be considered 
admitted as true, and if, as such, a case is established against the 
officer, the superintendent will at once remove him. If an answer 
is interposed the question will be decided by the superintendent 
after an examination of the facts as presented by the papers upon 
both sides. 

For Willfully Disobeying any Decision, Order or Regulation of 
the Superintendent of Public Instruction. 

The practice and procedure in cases of the willful disobedience 
of any order, decision or regulation of the superintendent should be 
like that above stated of willful violation or neglect of duty, except- 
ing that upon the filing of the petition, etc., with proof of service 
of a copy thereof upon the officer, in the department, or upon his 
own motion, the superintendent will issue an order directing the 
officer to show cause before him on or before a certain day fixed in 
the order, why he should not be removed from office. If no answer 
is made to said order the allegations contained in the moving 
papers will be deemed to be admitted as true, and if, as such, a 
case is established against the officer, the superintendent will at 
once remove him. If an answer is interposed, the question will 
be decided by the superintendent after an examination of the facts 
as presented by both sides. 

Note. — In the papers filed in the department, upon an appeal, 
the superintendent wants facts, not arguments or inferences, much 
less injurious imputations on the motives of parties. 

The facts should be distinctly averred, so that an indictment for 
perjury would lie if they are willfully misstated. Therefore, they 
should not be stated by way of recital under a " whereas," or in any 
similar indirect way. Every material fact should be stated with all 
practicable particularity as to time, quantities, numbers, etc. Where 
a statement is ambiguous or doubtful in meaning, that construction 
is adopted which is most unfavorable to the party making it. 

The appellant must establish his appeal by a preponderance of 
proof, and should make out his own case, so that, if no answer is put 
in, the superintendent will have, in the appeal itself all the facts to 
inform him what order ought to be made. No decision can be based 
upon any facts except those which are stated in the papers in the 



Appeals — Rules oe Pkactice. 159 

appeal, and which the opposite party has had the opportunity to 
controvert, although such facts may have been brought to the knowl- 
edge of the superintendent in some other way. The record itself 
must contain enough to support the decision. 

In the bringing and answering of appeals it is recommended that 
the matters be written upon paper ruled as paper is ruled for legal 
pleadings. Such paper is kept by all stationers and booksellers, and 
is known as law paper or legal cap. The several sheets should be 
written, as lawyers write their papers, on both sides, so that the 
bottom of the first page is the top of the second, and the sheets are 
fastened or attached at the ends and not at the sides. Manuscript 
arranged in this fashion is more easily handled, folded and filed. 
The papers should be smoothly folded and indorsed with the title 
of the case, briefly stating the substance of the appeal or answer, 
with the names of the parties or attorneys, and their post-office 
address and the district, town and county affected. 




State Superintendent of Public Instruction. 



INDEX 

[Refers to Pages.] 



Academies : page. 

Teachers' training classes in 115, 116 

Union Free School Districts may adopt 80 

Academical Department : 

In Union Free School Districts -. 76, 80 

Acquisition op School-House Sites : 

Proceedings for 122 

Trustees may purchase or lease sites 50 

Actions by and against School Officers : 

Expenses of 40, 87, 88, 89 

Affidavits : 

When State Superintendent may take 11 

When School Commissioners may take 16 

When district clerks may take 54 

Aggregate Attendance: 

How ascertained 26, 27, 84 

Public money apportioned on 26, 27, 28 

Albany : 

Normal School, acts establishing 105, 106 

Alcoholic Drinks: 

Effect of, to be taught 15a 

Alteration of School Districts. (See School Districts.) 

American Museum of Natural History (New York City) : 

State Superintendent authorized to contract with, for instruction of 

teachers 91, 92, 93 

State Superintendent authorized to contract with, for artisans, etc . . 92, 93 
Instruction to be given in anatomy, physiology, zoology,' physical 
geography, etc 91, 92, 93 

Annual Reports: 

State Superintendent to Legislature 7, 9, 24 

Printing and distribution of Superintendent's Report 153 

School Commissioners to State Superintendent. 16 

Trustees to School Commissioners 55, 56, 57, 81, 137 

Supervisors to County Treasurer 29 

Trustees at annual district meeting 54 

Collector at annual district meeting 65 

Boards of Education in Union Free School Districts to School Com- 
missioners 81 

Boards of Education of any city or village of 6,000 inhabitants who 

have contracted to teach children of an adjoining district 133 

Joint districts • • • 56 

Annulment of School Districts. (See School Districts.) 

Annulment of Teachers' Certificates : 

By State Superintendent , 10 

By School Commissioners .... 15 

11 



162 Index. 

Apparatus For Schools : page. 

Trustees may purchase, when 53 

Inhabitants mar vote a tax for 40 

Insurance of 40, 50 

Appeals : 

How taken 85 

Rules governing , 154 

Testimony may be taken by School Commissioners, when 16 

Superintendents' powers and duties 11, 85, 86 

Decision, effect of 85, 86 

Apportionment of School Moneys • 

By State Superintendent ... 17, 23, 89, 90 

May be reclaimed 21, 22 

By School Commissioners 25, 29 

Errors in, how corrected 27 

Districts entitled to 27, 28 

Orphan asylum schools 114, 115 

Indian schools 19, 103 

Equitable allowance to districts by State Superintendent 21 

Arbor Day : 

Act creating it 94 

Duty of school authorities 94 

Exercises upon 94 

Assessments : 

Of property for school district taxes 57-61, 72-76 

Of railroads 146-149 

Of bank stock 140-144 

Of banks 140-144 

Of telegraph, telephone and pipe lines 146, 147 

Of reaf estate 57-61 

Of personal property 57-61 

Of lands in the Forest Preserve 145, 146 

Of property of Delaware and Hudson Canal Company 14i>, 144 

Exemption 59 

Assessors : 

Duly of, in relation to taxation of corporations 140-145 

Duly in relation to forest lands 140 

Asylums : 

For blind 6, 7, 8 

pupils to, appointed by State Superintendent 7 

For deaf and dumb 6,7, 8 

pupils to, appointed by State Superintendent 6 

For idiots 6 

State Superintendent as trustee of 6 

Orphan, schools of, to share in public moneys 114 

Orphan, schools of, subject to same regulations as common schools. ... 115 

Banking Corporations: 

Taxable 140, 144 

Bank Stock: 

To be assessed 140, 144 

Blind, Institutions for: 

Visitation by State Superintendent 6 

State pupils, how admitted 7 

Admission of State pupils regulated 7 



Index. 1(33 

Blind, Institutions for — (Continued) : page. 

Support of State pupils 7, 8 

Term of State pupils 7 

Boakds of Education : 

In Union Free School Districts, powers of 75-78, 117, 118, 119, 120 

In cities of less than 30,000 inhabitants, how to acquire building sites. . 122 

May contract for education of children of adjoining district 133 

May establish evening schools for instruction in industrial drawing. . . . 118 

May establish departments for industrial training 117 

To cause drawing to be taught in certain districts 120 

May establish free kindergarten schools 118, 119 

May cause free instruction in vocal music 119 

Bonds: 

By supervisors 28 

By collectors 39, 45, 62, 72 

By treasurers and collectors in Union Free School Districts 72 

Collector's bonds to be filed , 62 

Fees for, filing 62 

For building school-houses and purchase of sites 43, 74, 75 

Books, Blanks, etc. : 

Superintendent will furnish 10, 11 

Books for Records : 

Trustees may purchase, when 53, 54 

Boundaries of School Districts: 

School Commissioners, duty to describe definitely 13, 121 

To be filed with town clerks 13, 33, 34 

Alteration of 33, 34, 35 

Census, School. (See Enumeration.) 

Certificates of Qualification to Teach: 

Granted by State Superintendent 9 

List of, to be kept by Superintendent 9 

Granted by School Commissioners 15 

State Superintendent may annul 9, 10 

School Commissioner may annul 15 

Temporary, when granted 10 

Chairman : 

Of district meetings, how chosen 38, 39 

Of neighborhood meetings, how chosen 38, 39 

Of meeting to form Union Free School Districts, how chosen 70 

Challenge: 

Who can offer 38, 39, 130, 131 

Proceedings upon 38, 39, 120, 121 

Chamberlain of the City of New York: 

State school moneys payable to. 22 

Cities: 

Apportionment of public moneys to 19 

Local tax for support of schools 139, 140 

Boards of education in, may contract with trustees of adjoining school 

districts to educate the children of the district 133 

Common councils of, to report trusts 23 

Of less than 30,000 inhabitants, how building sites may be acquired. . . 122 

Certain cities not to be included in Commissioner Districts 121, 122 

Evening schools for instruction in drawing , 117, 118 



164 Index. 

Cities — (Continued): page. 

Drawing, industrial, in schools of 120 

Schools for colored children in 81, 82 

Free kindergarten, school in 118, 119 

Vocal music may be taught in 119 

Clekks op Boards of Supervisors: 

State School tax, duty regarding. . . 17 

Clerks in State Superintendent's Office: 

Appointment of 6 

Clerks of School Districts: 

How chosen 39, 46, 71 

Qualifications of ... . 44, 71 

Term of 44, 46, 71 

Salary of, in Union Free School Districts 71 

Trustees may appoint, when 46 

Vacates his office, when 46 

Penalty for refusal to serve, or neglect in office 45, 46, 47, 48 

Duties of 35, 36, 37. 130, 131 

Resignation of 46, 71 

Vacancy, how filled 46 

State Superintendent may remove 10 

Code of Public Instrction: 

Provision for its distribution 152 

Custodian of 152 

Collector of School District: 

How chosen 39, 71, 72 

Qualifications necessary 43, 71, 72 

Term of 44, 45, 46, 71, 72 

Bond of 39, 62, 71, 72 

Bond to be filed 62 

Fee for filing 62 

Vacates, when 45, 72 

Resignation of 45, 46 

Vacancies, how filled 39, 45, 46. 71, 72, 77 

Duties of 60-66 

Fees of 64 

State Superintendent may remove, when 10 

Amount of unpaid taxes payable to 60, 61 

Colored Children : 

Schools for 81 

Schools for, in New York city 100 

Comptroller : 

State school moneys, withheld by. . . 18 

Commissioner. (See School Commissioner.) 

Common School Fund: 

What constitutes 17, 18 19 

How apportioned 17-23, 25-29 

Error in apportionment may be corrected 21-22 

Payable when, and to whom 22 

Common Schools. (See Schools.) 
Compulsory Education : 

Act in relation to 95-99 



Index. 165 

Condemnation of School Buildings and Furniture: page. 

Commissioner has power 14, 15 

Contingent Fund : 

Apportionment to 19, 20 

Equitable allowance payable from 21 

Supplementary apportionment to be paid from 22 

Contracts: 

With teachers 50, 51, 76, 134, 135 

State Superintendent with American Museum of Natural History 91-94 

Trustees of district, with boards of education of adjoining city or vil- 
lage, to teach children of the district 133 

Cornell University: 

State Superintendent a trustee of 6 

State scholarships to, law governing 100, 103 

Duty of School Commissioners, relative to scholarships 101, 102 

Sons of soldiers and sailors to have preference in scholarships 102 

Record of State scholarships to be kept 102 

Costs : 

In actions by or against school officers < 87, 88, 89 

District meeting may vote a tax for 41 

Disputed, County Judge to adjust 87, 88, 89 

County Clerk: 

School Commissioner's election or appointment to be certified by 11 

To give notice of a vacancy in the office of School Commissioner 12 

Trustees' reports to be kept by 16 

County Judge : 

May appoint School Commissioner to fill vacancy 12 

May appoint persons to receive and disburse public moneys, when. . 28, 29 
To hear and decide appeals concerning school officers' costs and 

expenses 87, 88, 89 

Deaf and Dumb, Institutions for: 

Visitations by State Superintendent 6 

State pupils, how admitted 6 

Admission of, regulated 6, 7 

Support of 8 

Terms of instruction 8 

High class in, superintendent may appoint to 7 

Decision of Appeals: 

By State Superintendent, when final 85 

Delaware and Hudson Canal Company : 

Relative to taxation of property of 143, 144 

Deputy State Superintendent : 

Appointment of 5 

Dictionaries : 

District meeting may vote for 40 

Trustees may purchase, when 53 

Library money used for, when 66, 67 

Diplomas : 

Of normal schools 10, 48 

How annulled 10, 15 

Record of, in State Superintendent's office 10 

Dissolution of School Districts. (See School Districts.) 



166 Index. 

District Attorneys: page. 

To report to Boards of Supervisors 24 

Embezzlement b} r , a felony 25 

District Clerk. (See Clerks of School Districts.) 

Districts : 

School Commissioner's, what are 11 

Common school, how formed 13, 33-37 

Neighborhood, how formed 36, 37 

Joint districts 33, 34 

Apportionment of public moneys to 17-23, 25-30 

Alteration of 11, 33-36 

Consolidation of 34, 35 

Annulment of 34, 35 

Dissolution of 34, 35 

Disturbing Schools or Meetings: 

Section 448 of Penal Code provides a penalty. 

Drawing: 

To be taught in Normal Schools, Union Schools, school in cities, and in 

Free School Districts incorporated by special act 117 

Industrial drawing, evening schools for 118 

State Superintendent may excuse the teaching of, in certain Union Free 
Schools 120 

Election of Officers: 

Of State Superintendent 5 

Of School Commissioners 11 

Of Boards of Education 70, 71, 129, 130 

Of district officers 38, 39, 44, 45, 46 

Of district officers in districts having more than 300 children of school 

age 129, 130 

In Union Free School Districts 70, 71 

Superintendent may order 1 31 

Enumeration : 

Of children of school age 56, 103, 104 

Equalization : 

Of valuations in districts composed of parts of two or more towns. . 58, 59 

Examinations: 

For teachers' certificates 9, 15, 115, 116 

For State certificates. 9, 115, 116 

By School Commissioners of schools, etc 15, 115, 116 

Of applicants for admission to Normal Schools 1 10, 111 

Of applicants for admission to Cornell University 100, 101 

Fees: 

For riling collectors' bonds 62 

Supervisors' 34 

Town clerks' 32, 34, 62 

Fences : 

On school lots 135 

Fines asd Penalties: 

School Commissioner, when liable 13, 86, 139 

Supervisor 25, 28, 1=^9 

Trustee 25, 46, 49, 52, 55. 80. 87, 139, 150 

Collector 25, 46, 65, 66, 139 



Index. 167 

Fines and Penalties — (Continued) : page. 

Clerk 35, 36, 46, 47, 86, 139 

Inhabitant • 36, 39, 46, 67, 68, 86, 97, 131, 149 

Other officers or persons 25, 39, 86, 87, 97, 130, 181, 149 

When officer whose duty to sue, neglects 86 

How paid and apportioned 24 

Forest Lands — Forest Preserve : 

Taxation of 145, 146 

Formation and Alteration op School Districts. (See School Districts.) 

Free School Fund: 

Condition of, to be reported to State Superintendent 17 

How disbursed 17 

School Commissioners' salaries, to be paid from 120 

Fuel, etc. : 

District meeting to vote tax for 40 

"When trustee may provide 50, 53 

Furniture : 

School Commissioners may condemn 14 

Globes, etc. : 

District meeting may vote tax for 40 

Trustees may purchase, when 53 

Library money used for, when 66, 67, 68 

Gospel and School Lots: 

Supervisors, trustees of 29 

Report of 23 

Health and Decency: 

Act to promote 135 

Holidays : 

What are 99 

Included in school year; no school in session 20 

Falling on Sunday, Monday to be observed . 99 

Hygiene and Physiology: 

Providing for study of 150 

Idle and Truant Children : 

How persons may be relieved from care of 97, 98, 99 

Provisions of " Compulsory Education Act," relative to 95-100 

Illegal Voting at School District Meetings: 

How prevented ; 38, 39, 130 

Penalty for 39, 131 

Indians: 

Apportionment of moneys for 19, 103, 104 

State Superintendent has charge of 6, 103, 104 

Education of 48, 103, 104 

Appointment of, to Normal Schools 113. 114 

Industrial Drawing : 

Evening schools for instruction in 118 

Industrial Training : 

Public schools to give instruction in 117 



1(58 Index. 

Inhabitants: page. 

Who are taxable 59 

Who are voters at school meetings 38 

Institutes. (See Teachers' Institutes.) 

Insurance: 

Of district school buildings, etc 40, 50 

Of apparatus 50 

Of district libraries 50 

Of Normal School buildings 113 

Installments : 

When tax may be collected by 42, 43 

When in Union Free School district 72, 73, 74, 75 

Joint Districts: 

How to be formed 33, 34, 35 

Alteration or dissolution of 33, 34, 35 

How to be numbered 33 

Reports from 5(5 

Penalties imposed in 25 

Justices of the Peace: 

Jurisdiction of, under compulsory education act 99 

Kindergarten Schools: 

Free Kindergarten Schools may be established in cities and villages. . 118, 1 19 

Lands for School Sites. (See Sites.) 

Legislature: 

State Superintendent chosen by ° 

To regulate trusts for benefit of schools 2^ 

May alter or modify School Commissioner districts ll 

Librarian : 

How chosen 39, 46 

Qualification of 44 

Term of 44, 46 

Duty of 47, 66, 67 

Resignation of 46 

Vacancies, how filled 46 

Libraries. (See, also, libraries under heading " State Superintendent of Public 
Instruction ") : 

State Superintendent has supervision over 66, 67, 68 

Public moneys for 19, 66, 67 

School Commissioners to examine 14 

School Commissioners to apportion moneys for 25, 26 

Trustees have custody of and to appoint teacher librarian 67 

District meetings may vote a tax for 40, 67 

Regulations of 66, 67, 68 

When moneys apportioned for, may be used for teachers' wages . . 52 

Trustees may insure, when 50 

Book case for 40 

Free public libraries 67, 68 

Public not to use school libraries 68 

License to Teach : 

By State Superintendent 9, 10 

By School Commissioners 15 

Annulment of 9, 10. 15 



Index. ] 69 

Maps, etc. : page. 

Trustees may purchase, when 53 

District meeting may vote tax for 40 

Meetings, Annual: 

In school districts 37, 38 

Powers of 39, 40, 41, 42, 43, 67 

In neighborhoods 36, 37 

Powers of ... 39 

In Union Free School districts 78 

Powers of 71, 72, 73, 74, 75, 78, 79 

Board of Education in Union Free School districts 72 

I'owers of 70-80 

Meetings, Special : 

Trustees to call, when 14, 15, 36, 37 

Notice to be given 35, 36, 37, 47 

School Commissioners may call, when 36 

Form of notice 36, 37 

Neighborhoods 36, 37 

Trustees to call 36, 37 

Notice to be given 36, 37 

Union Free School districts 68, 69, 72, 73, 74, 75 

In dissolved districts 35, 137, 138, 139 

Misdemeanors : 

School Commissioner acting as agent for publisher, etc 13 

Embezzlement by supervisor or other officer 25 

Refusal by supervisor to give security. 28 

False declaration by peison offering to vote 38, 39. 130, 131 

Trustees paying unqualified teacher's wages 49 

Trustees signing false report 25 

Music, Vocal: 

May be taught 119 

Narcotics : 

Effects of, to be taught 150 

Nautical School (New York city) : 

Act relative to 104, 105 

Neighborhoods : 

Apportionment of public moneys to 21, 27 

Formation and alteration of 33, 34 

Annual meetings '. 32 

Special meetings 37 

Power of voters at meetings 38, 39 

Clerk of , 38,39,43,44,45,46,-47 

Report to School Commissioners 57 

Penalty for signing false report 25 

Non-Residents : 

Lands of, how assessed 58 

Bank stock of, how assessed 140, 141, 142, 143 

Children may attend school on terms 48, 76 

Taxes paid by, to be deducted from charge for tuition 48, 76, 134 

Non-Residents, Lands of : 

Taxable 58 

Normal Schools : 

Power of State Superintendent over 6, 106, 111 

Local boards in 109, 111 



170 Index. 

Normal Schools — (Continued ) : tagb. 

Pupils, how admitted 110 

Diplomas of, constitute holder a qualified teacher 48, 110, 111 

Diplomas may be annulled 10, 15, 111 

List kept in State Superintendent^ office of holders of diplomas 10 

Protection of property of 112 

Albany, act for its establishment 105 

Albany, act for its permanent establishment 107 

Other acts providing for 108-115 

Insurance of buildings 113 

Industrial drawing to be taught in 120 

Industrial training in 117 

Indians may be appointed to 113, 114 

Tuition moneys, how to be used 114 

Teachers in, number of and wages 110 

Physiology and hygiene to be taught in 150 

Vocal music may be taught in 119 

Nuisances : 

School Commissioners' may direct trustees to abate 14 

Trustees to abate, when 53 

Oath: 

State Superintendent may administer 11 

School Commissioner may administer, when 16 

On challenge at school district meeting 38, 39, 130, 131 

Teacher's, to school record 54 

Officers. (See Election of.) 

Orders: 

For teachers' wages 30, 31, 51, 52, 58 

Orphan Asylums. (See Asylums.) 

Outbuildings : 

Trustees must erect, when 53, 135 

Expenses of, how paid 53, 135 

School Commissioners may direct repair of 14 

Separated by fence, and kept clean 135 

Parents : 

When entitled to vote 38 

Physiology and Hygiene : 

Providing for study of 150 

Plans for School Buildings : 

Superintendent to furnish 132 

Police Justices. (See Justices of the Peace.) 

Population : 

Public moneys apportioned according to 18-23 

Privies : 

Trustees must construct and maintain, as provided by law 53, 135 

Property • 

Of districts, held by trustees as a corporation 49 

Of consolidated districts 34 

Of annulled and dissolved districts 34, 35 

What is taxable 56, 57-61, 140 



Index. 171 

Property — (Continued): fage. 

Railroad property 146, 147, 148 

Telegraph, telephone and pipe line companies 146, 147 

Delaware and Hudson Canal Company 143, 144 

Held in trust 22, 23, 49 

Public Moneys : 

For State Superintendent's salary 5 

For compensation of clerks in State Superintendent's office 6 

For support of State pupils in asylums 8 

For salaries of School Commissioners 12, 120 

For support of Common Schools 17, 18 

For Teacher's Institutes 82-84 

For Orphan Asylum Schools 114, 115 

For Indian Schools 89, 90, 103, 104 

For teachers' training classes 115 

Pupils : 

Who are eligible to common schools ... 48 

Indian 48, 103 

Non-resident, when may be. 48, 76 

Deaf and dumb 6 

Blind 7 

Trustees to report number of 56 

Trustees to enumerate 56 

Vaccination of 136 

Qualifications op : 

Voters 38 

District officers 44, 71 

Teachers 48, 150 

Pupils 48 

Pupils in asjdums 6, 7 

Eailroad Companies: 

Property of, how apportioned 146 

Notice to be given to 63, 145, 147, 148 

Taxes against, how collected 148 

Delaware and Hudson Canal Company's property, apportionment of . . . 143 

Rate Bills: 

Abolished 139, 140 

Records, Teacher's: 

Of scholars 49, 53, 54 

Verification of 54 

Relationship : 

Employment of teachers affected by 50, 51 

Removals from Office: 

By State Superintendent 10, 81 

By Boards of Education in Union Free School Districts 77 

Repairs : 

District meetings may order .... 40 

School Commissioners may direct 14 

Trustees may make, when t 50, 53, 135 

Reports: 

By State Superintendent 7, 9, 24 

Distribution of Annual Reports 153 

By School Commissioners 16, 84 



]72 Index. 

Reports — (Continued) : page. 

By trustees to district meetings 54, 55 

By trustees to School Commissioners 55, 56, 57, 83 

Of joint districts 56 

By collectors 65 

By Boards of Education of Union Free School Districts 78, 79, 81 

Of libraries, by trustees 66, 67 

False, penalty for 25, 55 

School districts whose officers neglect to report, effect on 31, 22 

Supervisors 23, 24, 29 

By local boards of Normal Schools 109, 110 

County treasurer to report fines, etc 24 

District attorney 24 

Of trust funds 24 

Residence : 

Of district officers 44, 71 

Resignation : 

Of School Commissioners 12 

Of district officers 46, 77 

Rooms: 

Trustees may provide temporary, for schools 53 

Rules op Practice: 

On appeals 154-159 

Salary : 

Of State Superintendent 5 

Of Deputy State Superintendent 5 

Of clerks in State Superintendent's office 6 

Of School Commissioners 12, 120 

Of Superintendent of Schools 77 

Of clerks of Boards of Education 71 

School Commissioners: 

Election of, term of, and qualification bv . 11 , 12 

Salary of 12 

Salary payable from Free School Fund 120 

Salary may be vs ithheld, when 13 

Removal of 10 

Expenses of, audit by 12 

Duties and powers of. ... 11, 17, 21, 25-29, 33-37, 42, 43, 44, 45, 46, 53, 

70, 77, 82-85, 94, 101, 102, 116, 121, 135, 139, 150 

Reports by 16, 84 

Resignation of 12 

Vacates his office, when 12 

Vacancies, how filled 12 

Term of appointee 12 

School Commissioner Districts : 

What are 11 

How altered 11, 121, 122 

Commissioners of, how chosen 11 

When boards of supervisors may form 121 , 122 

Division of 11, 122 

Erection of new districts 11, 122 

Cities not included in 121 

School Districts with more than Three Hundred Children of 
School Age: 
Elections in 129, 130, 131 



Index. 173 

School Districts: page 

Formation of 83, 34 , 35 

Alteration of 33, 34, 35 

Consolidation of districts 33, 34^ 35 

Annulment of 34 

Dissolution of 34 ; 35 

Joint districts 34 

Dissolved, exist in law for certain purposes 35 

School-Houses : 

Care and custody of 49, 50 

Use of, other than for schools 54 

When taxable inhabitant exempt from tax for building 59 

How condemned 14 ( 15 

Building of 15, 40, 41, 42, 50, 72, 73, 74, 75 

Furniture of, may be condemned 14 

Plans and specifications for , 132 

Plan of, to be approved 42 

Sale of 43 

Insurance of 40 50 113 

Sites for 40, 41, 42, 72, 73, 74^ 75,' 122 

Repairs of 14, 50, 53, 72, 73, 74, 75 

Fuel, etc., for 40, 50, 51 

Nuisance about, how abated 14, 53 

Outhouses for 52, 53, 72, 73, 74, 75,' 135 

Tax for building, may be collected by installments 42, 43, 72, 73, 74, 75 

Money for building may be borrowed 42, 43, 72, 73, 74, 75 

Lease or purchase of 40, 53, 54 

Schools, Common: 

Visitation of, by State Superintendent , 7 

State Superintendent may appoint visitors to 9 

State Superintendent's report of 9 

Who may attend as pupils 48 

Non-resident pupils in, law concerning 48, 76, 134 

Temporary rooms for, and branch schools. ' . . .' 53 

For colored children 81, 82 

State moneys for the support of 17-23 

Trusts for the benefit of 22, 23 

Teachers of, when qualified 48', 150 

Teachers, record of 49, 54 

Closed without loss of time, when 83 

Industrial training, instruction in 117, 118 

School, Nautical (New York City) : 

Act relative to 104 

School Officers: 

Removol of ' 10, 77, 81 

Actions by and against [ 87', 88 

Not to be interested in official contracts ■. 78, 139 

Duties of. (See Respective Titles,) 

School Tax. (See Tax.) 

School Year: 

What constitutes t 20 

School Visitor: 

Appointment of 9 

Duties of ......'. 9 

How designated 40," 42, 43, 72,"73, 74,' 75 

Title to, how acquired 40, 50, 122, 127, 129 



174 Index. 

Sites- page. 

Tax for purchase of 40, 73, 74, 75, 126 

Change of 43 

Sale of 43 

Sole Trustee. (See Trustee.) 

Soldiers and Sailors: 

Sons of, to have preference in Cornell scholarships 102 

Special Meetings. (See Meetings.) 

State Certificates: 

Issuance of 9 

Annulment of 9, 10, 15 

State School Moneys: 

Consist of 17-2.3 

Appportionnient of, by State Superintendent 18-23, 89, 90 

When payable 22 

Apportionment by Scliool Commissioner 25-29 

Disbursement of, to Supervisors 29, 30 

Unqualified teachers cannot be paid 48, 49 

Apportionment by trustee . 52 

Supervisor to report to County Treasurer concerning 29 

In apportioning, Union Free School districts regarded as a school district, 75 

School closed during institute, no loss of 84 

Loss of, by school officers 88 

State Superintendent of Public Instruction : 

Election of, term, salary 5, 6 

Deputy, appointment of, and duties 5 

Clerks of. appointment 6 

Seal of, effect of 6 

Vacancy, how filled 5 

Regent of the University 6 

Trustee of Cornell University 6 

Trustee of New York Asylum for Idiots 6 

Powers and duties of : 

American Museum of Natural History, authorized to contract 

with 91, 92, 93 

Appeals to, when may be taken 85 

To regulate practice on 154 

May grant stay pending 85 

May decline to entertain or dismiss 85 

May direct School Commissioner to take evidence in 16 

To file and arrange all proceedings on 85, 86 

To decide 85, 86 

Arbor Day: 

To prescribe exercises 94 

Blind, institutions for 6, 7 

A 11 incorporated, subject to his visitations 6 

A ppointment of State pupils to 8, 9 

May extend term of instruction 8, 9 

To regulate admission to 8, _9 

Code, to distribute to districts 152 

College Graduates: 

May issue teacher's certificates to 9, 10 

Cornell University: 

Appointment of State pupils to 100, 101, 102 

Examination of applicants conducted by 101, 102 

Record of appointments to be kept by 102, 103 



Index. 175 

State Superintendent of Public Instruction : 

Powers and duties of — (Continued) : page. 

Deaf and dumb, institutions for , 6, 7, 8 

Incorporated, subject to his visitation 6 

Appointment of State pupils to 7, 8 

High class in 7 

To regulate admission to 7, 8 

Drawing, instruction in, may excuse, in certain Union Free School 

Districts 120 

Elections in certain districts may be ordered by , 131 

Fines and penalties apportioned by . . 24 

Indian children: 

To provide for their education 48, 103, 104 

To cause annual enumeration of, to be made 103, 104 

Apportionment for their schools 19, 103, 104 

May appoint to normal schools 113, 114 

May be admitted to district school by 48 

Industrial training, may prescribe extent of instruction in, in normal 

and training schools 117, 118 

Inhabitant, may be directed to give notice of meeting 38, 68 

Teachers' institutes, may provide instruction in vocal music in. . . . 119 

Joint districts, to prescribe form of reports for 56 

Libraries: 

Shall apportion school library money 66 

No district to share unless equal amount be raised and used. . . 66 
No part of school library money to be expended except for 

books approved by Superintendent 66 

School libraries to consist of reference books for use in the 

school room, etc 66 

School library part of school equipment and kept in school 

building, etc 66 

School library not to be used as a circulating library, except, etc. 66 

Teacher appointed by trustees as librarian 67 

Trustees and teacher responsible for safety and proper care of 

books 67 

To report concerning library as and when required by Superin- 
tendent 67 

School districts to raise money by tax for libraries as other 

school moneys are raised, etc 67 

Districts may give books and other library property for free 

public libraries, etc 67 

Public not entitled to use libraries in custody of school 

authorities, but may appoint trustees, etc 68 

Superintendent may withhold share of public school moneys, 

when 68 

Rides for, may alter and amend 66 

Neighborhoods, special reports may be required from 57 

Normal Schools : 

To have genei'al supervision 106 

To appoint local boards 109 

To report to Legislature annually relative to 106, 110 

Course of study to be approved by 110 

Teachers, number of, and wages 11q 

Pupils, number of, to be admitted 110, 114 

Non-residents, tuition fees to be prescribed 110 

Examination of applicants, he to prescribe 110 

Indians, appointment of , to 114 

Diplomas to be granted and may be annulled 110, 111 

Tuition money, to direct expenditure 114 

Industrial training, to prescribe course of study in 117, 118 



176 Index. 

State Superintendent of Public Instruction : 

Powers aud duties of — Continued) : page. 

Industrial drawing to be taught 120 

Vocal music may be taught 118, 119 

Outbuildings, may order erection of 53 

Penalty, may direct its application for teachers' wages 152 

Plans for School Buildings : 

To cause to be prepared for use of districts 132 

Registers, blanks, etc., to prepare aud furnish 10 

Reports : 

Annual report of 9 

When to be presented 9 

What to contain 7, 9. 24 

School, to visit as far as possible 9 

School Commissioners : 

When appointed by 12 

Salary payable on certificate of 12 

May withhold salary for cause 12, 13 

May require duties to be performed in adjoining district 13 

May require testimony to be taken by, on appeals 15, 16 

May require reports at any time 16 

Subject to rules and regulations of 16 

School officer, may remove for cause 10 

State School moneys : 

To draw drafts on 17, 18 

With State Treasurer, to borrow money when necessary 18 

To apportion and divide* 18, 19, 20, 21, 22 

To make supplemental apportionment 21, 22 

To reclaim excess in apportioning 21 

To certify result of apportionment 22 

Supervisors' accounts, may require town clerks to furnish copies, 32 

Tax lists: 

May authorize trustees to amend and correct 64 

Teachers' certificates : 

To grant State certificates, and may revoke 9, 10 

May annul certificates of School Commissioners or diplomas 

of Normal Schools 9, 10 

Record of State certificates to be kept in his office 10 

Record of Normal diplomas to be kept 10 

Teachers' Institutes : 

To advise with School Commissioners relative to 82 

To employ suitable conductors 82, 83 

To visit as many as possible 83 

To establish basis for appropriations for 83 

To regulate the issuing of certificates of qualifications 83 

To direct trustees to include district complying with law in 

apportionment of public money 83 

Expenses of, to be paid on his certificate 83, 84 

May require particular report of 84 

Teachers' Training Classes: 

Under his supervision 116, 117 

Trusts: 

May be grantee or devisee of property for use of schools. ... 22, 23 

To advise and supervise the trustees of such trusts 23, 24 

May require reports as to trusts 24 

To "report condition of 24 

Trustees: 

May require special reports from time to time 57 



Index. 177 

State Superintendent op Public Instruction : 

Powers and duties of — (Continued). pagb. 

Union Free Schools Districts : 

May direct inhabitant to call meeting to consider the formation of, 68 

To determine what are contingent expenses 79 

Subject to his visitation 81 

May require special reports from 81 

May remove from office members of boards for cause. 81 

Visitors: 

To schools, may appoint 9 

State Tax : 

Authority for 17 

Stimulants : 

Effect of, to be taught 150 

Stockholders in Banks: 

Taxation of 140-144 

Studies: 

School Commissioner to recommend ' 13 

Industrial and free hand-drawing to be taught in certain districts. . 118, 120 

Industrial training may be given 117, 118 

Physiology and hygiene must be taught 150 

Vocal music may be taught 119 

Superintendent of Schools: 

In certain villages and Union Free School Districts 77 

Appointment of 77 

Salary of 77 

Supervisors: 

Powers and duties of, in relation to State school moneys. . 27, 28, 29, 30, 31 

Reports of, in school matters 23, 24, 29, 30, 31 

To give bonds, when 28, 29 

Liable for neglect, etc 25, 28, 29 

Duty of, in altering, etc. , school districts 34 

Fees of 34 

Sale of property by, in annulled districts 34, 35 

To sue for moneys belonging to dissolved districts 30, 35 

Duties of 29, 30, 31, 32, 33, 34, 35 

To sue for penalties 31 

Cannot be a trustee • • • 44 

When assessors neglect to apportion valuation of railroad companies, 

duty of 147 

To equalize valuations in certain districts 58, 59 

Supervisors, Boards op : 

Salary and expenses of School Commissioners 12 

To levy amount of school district taxes returned unpaid 60, 61 

Power" to divide School Commissioner districts, in certain cases 121, 122 

Power to create School Commissioner districts, in certain cases 121, 122 

Tax: 

State, for the support of common schools, how raised 17 

For school-house sites, etc 40, 42, 72, 76, 126 

For teachers' wages 40, 41, 51, 52, 75,77, 79 

May be levied by installments, when 42, 43, 72-76 

List and warrant to collect 50, 57, 62 

Any legal expense may be raised by 53 

When to be assessed 57 

Warrant for collection 62 

Upon towns for School Commissioner's expenses 12 

Notice of, to be given 63, 64 

12 



178 Index. 

Tax — (Continued) ; page. 

For building school-bouses 14, 15, 40, 42, 43, 72-76 

For expenses of vaccination 136, 137 

For scbool library. . . 67 

Unpaid, procedure 60-66 

When trustees may sue to recover 64 

In Union Free Scbool Districts 69, 72, 73, 74, 75, 76, 79 

Tax List: 

Trustees to make out 50, 51, 57, 74, 75 

When to make 57-74 

Directions for making 57, 58, 59 

Errors in, bow corrected 64 

Warrant to 57, 62 

Returned, to be filed , 65 

Taxable Inhabitants: 

Who are 59 

Powers of 66 

Taxable Property: 

What is 57, 58, 59, 60 

Valuation of , 58 

Teachers: 

Who are qualified 48, 150 

Shall keep record of scholars 49, 54 

Employment of 50, 51, 76 

When required to assist in library 67 

Certificates to, bow annulled 9, 10, 15 

Examinations of 9, 15 

Candidates for, must pass examination in physiology and hygiene 15() 

Institutes ' 82-85 

Wages of 40, 41, 48, 49, 50, 51, 52, 53, 134, 135 

Term of employment by trustees limited 50, 51 

Instruction of, in academies and academical departments of Union 

Schools 115, 116, 117 

Contracts with 50, 51, 76, 134, 135 

Of neighborhood schools, when deemed qualified 30 

Teachers' Institutes: 

When to be held 32, 82 

Apportionment for 83 

Regulations for 82-85 

Schools shall be closed during 83, 84 

Teacher's absence from scbool attending, excused 83, 84 

Reports of 83, 84 

Teachers' Training Classes: 

In academies and Union Free Schools 1 15-117 

State Superintendent to supervise 116, 117 

Subject to visitation by School Commissioners 116 

Telegraph, Telephone and Pipe Line Companies: 

Assessment of 146, 147 

Tenants: 

May be taxed 57, 58, 59 

May charge owner with amount of tax paid, when 59 

Terms op Office : 

Of State Superintendent 5 

Of School Commissioner 11, 12 

Of trustees 44, 45 

Of district officers 43, 45, 46 

In Union Free Scbool Districts 70, 71, 72 



Index. 179 

Text Books: page. 

To prevent frequent changes of 149 

For poor children 40, 97 

Boards of education in cities, villages and Union Free School Districts 

to designate 149 

Annual meeting to designate in common school districts 149 

How changed 146, 149 

Town Clerk: 

Duties of 31, 32, 33, 62, 63, 64 

Fees, expenses and disbursements of 32, 34, 62 

To furnish certain statement 144, 147 

To file returned tax-lists, etc 65 

Treasurer (State): 

Powers and duties of, in relation to school moneys. 6, 17, 18, 146 

Treasurer (County) : 

State school moneys payable to 22 

Uncollected taxes, duty regarding 61 , 62 

Truant Children: 

How persons may be relieved from care of 97, 98 

Provisions of " Compulsory Education Act," relative to 95-99 

Trustees: 

How chosen 39, 70, 129-132 

Qualification of . . 44, 151 

Term of 44, 45, 70, 71 

Number of, how determined '. 44, 45, 70, 71 

Powers and duties of. . 14, 15, 23, 25, 33, 34, 36, 37, 40, 41, 42. 43, 44, 45, 
46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 
67, 68, 69, 70, 71, 72, 73. 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 
88, 89, 94, 95, 116, 117, 118, 119, 120, 122, 128, 129, 130, 131, 132, 133, 134, 

135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152 

Control of district property 49, 152 

Reports, annual 53, 54, 55, 56 

Reports of : 54, 55, 56, 57, 67, 80, 83, 84, 133, 137 

False reports, penalty for 25 

Removal of 10, 77, 81 

Vacates office, when 46 

To indorse approval on collector's bonds 62, 72 

To file collector's bonds 62 

Teachers' institutes, duty regarding 83, 84 

Vacancies, how filled 39, 45, 46, 77 

Expenses of, actions for and against 40, 87, 88, 89 

May sue to recover tax, when 64 

Powers and duties of, in relation to vaccination 136 

Powers and duties of, in relation to compulsory education act . ...... 95 

May contract with adjoining city or village in certain cases 133 

Trusts for Benefit of Common Schools : 

By and to whom made 22, 23 

Legislature regulates 23 

Reports concerning 23, 24 

Union Free Schcol Districts: 

Formation of 68, 69, 70 

Officers of, how chosen 70, 71, 72-76, 129 

Board of Education in 70, 71, 72, 73, 74, 75 

Board of Education, powers and duties of 71, 72, 73, 74, 75, 76, 

77, 78, 79, 80, 81 

Board of Education, annual meeting of 74 



J 80 Index. 

Union Free School Districts — (Continued): PAeEl 

Inhabitants, meetings of 70, 71, 72, 73, 78 

Inhabitants, annual meetings of 78 

Report to 78, 79 

Teachers, how employed 76, 134, 135 

Academical department in 76, 80, 81 

Teachers' training classes in 115, 116 

Superintendent of Schools in 77, 78 

Colored children in 82 

Dissolution of 137 

Sites for, how acquired 122 

Industrial training, instruction in 117, 118 

Evening schools fortinstruction in drawing authorized 118 

Drawing, industrial 120 

Free Kindergarten Schools, may be established 118, 119 

Vocal music may be taught in 119 

United States Deposit fund : 

Apportionment of 18,19,20, 21 

University of the State of New York : 

State Superintendent a Regent of 6 

Vacancies, how filled : 

Office of State Superintendent 5 

In office of School Commissioner 12 

In district offices 45, 46 

In offices of Union Free School Districts 71, 72, 77 

Valuation of Property: 

How determined 58, 140 

Provisions relating to 57, 58, 59, 60, 140-144, 145, 146, 147 

Villages Incorporated: 

When Board of Education may appoint Superintendent of Schools. . 77, 78 

Visitors: 

State Superintendent may appoint 9 

Voters : 

Qualifications of 38 

Challenge of...; 38, 39, 130, 131 

Declaration by 38, 39, 130, 131 

Vaccination : 

Of school children ] 36 

Expenses of, how raised 136, 137 

Water-closets : 

Law concerning 135 

Warrant : 

Form of 62 

Who issues 62 

Execution of 62, 63, 64 

Renewals of 64, 65 

Returned, to be filed 65 

Women : 

Eligible to hold office 151 

Eligible to vote at school meetings, when 38, 39, 151 

Determining who have a right to vote for School Commissioner. . 150, 151 

Year : 

For term of officials 44 

For schools 20 

Holidays, included in; no school in session on a legal holiday 20 



